Big Republican Government

Texas Fetal Burial Rule Blocked Again

JM Ashby
Written by JM Ashby

U.S. District Judge Sam Sparks blocked the Texas fetal burial rule for a second time on Friday by indefinitely prohibiting the state from implementing it.

According to Judge Sparks, the new regulation was far too vague and offered no benefit to the public.

From the Associated Press:

In issuing a preliminary injunction that indefinitely prohibits Texas from enforcing the rule, Sparks said the new standards were vague, inviting interpretations that would allow state health officials "to exercise arbitrary, and potentially discriminatory, enforcement on an issue connected to abortion and therefore sensitive and hotly contested."

The burdensome business regulation, a thing that conservatives allegedly hate, would have forced healthcare providers to pay for the cremation or burial of any fetal remains or fetal tissue even if it were little more than a zygote.

Texas attorney general and smirking schmuck Ken Paxton is appealing the ruling, of course, but I'm actually skeptical that the conservative Fifth Circuit Court of Appeals will side with the state of Texas. The state's lack of explanation for how the regulation will be enforced and paid for was a major obstacle in the lower district court.

As you may recall, state officials previously floated the idea of burying fetuses in mass graves to cut costs, which is likely to be one of the most batshit sentences you'll read today. They said this in court.

State regulators and officials can't say much with any certainty because the state legislature didn't include any mechanisms for enforcing or paying for it.

  • muselet

    Kudos to Sam Sparks.

    I hope he has a good home security system, because the self-proclaimed “pro-lifers” are likely to take violent exception to his ruling.


  • Aynwrong

    These people…

  • How many fetuses do they think will be ready for burial at any given time in a single location? Seriously, do they think there will be mountains of them? There’s not THAT many going on at any given time at any given location. They are a bunch of loons.

    • Georgie

      I guess abortion clinics in Texas have assembly lines going.. Good grief.

      • Well, that certainly seems to be what anti-abortion types believe

    • JMAshby

      This was actually a point made in court. State officials said mass graves could reduce the cost, but plaintiffs pointed out it would require storing remains for extended periods of time, which may require additional freezers, increasing costs.

  • Dread_Pirate_Mathius

    The conspiracy theory is the PP is turning windfall profits by selling aborted fetuses on the black market (for research? Satanic rituals? Late-night snacks? Who knows?).

    By making sure those damned PP folks can’t get their hands on the fetuses, they think it’s an effective way to cut another source of their funding.

    Yes, folks, they’re that stupid.

    • Aynwrong

      Very close to a storyline in The X Files actually.

    • Scopedog

      Yes, folks, they’re that stupid.

      Yep–and sadly, they vote.

      Meanwhile, some on our side of the fence want to play the purist game and not vote because “both parties are the same” or some other stupid shit…