By Dessie Otachliska, J.D.
Limited Access to Elective Medical Procedures During the COVID-19 Pandemic
As the coronavirus ravaged the United States, governors nationwide sprang into action, issuing executive orders mandating masks, social distancing, and the closure of businesses and non-essential services. On March 22, 2020, ten days after the COVID-19 pandemic was declared a national emergency and numerous state and local governments across the country implemented lockdowns and stay-at-home orders, Texas Governor Greg Abbott directed healthcare facilities and providers across the state to postpone all procedures not deemed medically necessary. States across the nation issued similar directives, following guidance issued by the Centers for Medicare & Medicaid Services (CMS) to limit elective surgeries as a means of containing the virus’ spread. However, the day after Governor Abbott’s announcement, Texas Attorney General Ken Paxton clarified that the governor’s order also applied to abortion clinics, which were prohibited from performing abortions unless the mother’s life was in danger. The impact of limiting abortion access in a state as large as Texas was dramatic: the average distance to the next closest out-of-state clinic for the 23 abortion clinics in Texas is 260 miles, with many would-be Texas abortion patients facing significantly longer journeys to obtain the medical care they sought.