Judge Suspends Texas' Fetal Remains Rules Pending Trial

AUSTIN -- U.S. District Court Judge Sam Sparks on Thursday suspended the state's controversial fetal remains rules until Jan. 6. The rules, which were scheduled to take effect Monday, require health care facilities to bury or cremate fetal remains, regardless of the period of gestation. The court will hold hearings Jan. 3 and 4.The rules garnered both outrage and support, and health care groups sued the state early last week. Gov. Greg Abbott, who directed the State Department of Health Services to propose the rules, said they are meant to uphold the dignity of the unborn fetus instead of treating it as medical waste. Opponents say the rules attempt to attribute "personhood" to a fetus and could make obtaining an abortion more difficult. The state held two comment periods and received more than 35,000 comments on the matter. After the second comment period, the state said the rules would not have to be followed if an abortion or miscarriage occurs at home. Amy Hagstrom-Miller, president and CEO of Whole Woman's Health, is the lead plaintiff in the case. She also worked with the Center for Reproductive Rights on Whole Woman's Health vs. Hellerstedt, a Supreme Court case that struck down parts of a 2013 Texas abortion law.  Continue reading...