For background, the Texas Gov. issued an Executive Order temporarily suspending "elective" procedures to preserve much-needed medical resources.

It was the AG that issued a press release clarifying that the order including the vast majority of abortion.
The AG told me he identifies as "pro-life," but that didn't influence his decision.

"The elective procedures weren't contemplated to affect a particular class of people looking for health care. And it's obviously a very extreme remedy to deal with a serious illness"
This was his message to patients who can't get an abortion right now:

"Look, we're in a very unusual time. The Gov. has made a decision about elective procedures and trying to protect human life. It's not an easy decision, it affects a lot of people's lives in a negative way...
...I'm sad that it happens to these women. I'm sad that it happens to people that are suffering from all kinds of different maladies but it's just the reality of where we're at. We're in a time that nobody has ever experienced before."
I pointed out that patients were just traveling to nearby states to get the procedures, violating stay-at-home orders and potentially spreading the virus even more by moving around.

At first, he said he didn't think that was happening.
I told him that I've spoken to many people who say they've made that trip. This was his response:

"I don't control people moving around in general. People have to make decisions about what they're going to do every day — whether they're going to go to the grocery store...
"... whether they're going to violate certain orders. It's really a choice for people to make every day. We don't watch everybody in our state, they get to make their own decisions about how they're going to respond to any particular law or any particular order."
And here's why he says the ban is constitutional:

"The Governor has the authority right now under these powers to limit elective procedures... They're being treated just like any other provider... they're trying to find a way to be treated differently than everybody else."
I'll be talking more about this interview at 1:30p ET on CBSN. Please tune in and join!
You can follow @byKateSmith.
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