A federal appeals court on Tuesday affirmed Texas' right to ban nearly all abortions during the coronavirus pandemic, in what it described as a "drastic and extraordinary" move based on arguments that states can limit constitutional rights during emergencies.

A divided three-judge panel of the 5th U.S. Circuit Court of Appeals threw out a lower court ruling blocking the ban — one of a series of recent abortion curbs enacted by conservative-led states on the grounds abortion is not a medically necessary procedure. The order builds on a temporary stay of the District Court ruling that the 5th Circuit issued on March 31.


Similar abortion bans have been blocked by courts in Oklahoma, Ohio and Alabama. Ones in other states including Kentucky and Indiana have not been challenged in court.