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As a Senator from Texas, Cruz could have blocked the nomination.  Instead, Cruz's support made it happen.
 
As a Senator from Texas, Cruz could have blocked the nomination.  Instead, Cruz's support made it happen.
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Within five months of confirmation, Judge Costa then voted in favor of Planned Parenthood in trying to reverse a Fifth Circuit ruling that had upheld the pro-women, pro-life HB 2, a good law that resulted in the closure of roughly half the abortion clinics in Texas.  Judge Edith Jones and the majority of the Fifth Circuit outvoted Costa on the petition for rehearing en banc in ''Planned Parenthood of Greater Tex. Surgical Health Servs. v. Abbott'', 769 F.3d 330 (Oct. 9, 2014, 5th Cir. 2014).<ref>http://www.ca5.uscourts.gov/opinions/pub/13/13-51008-CV2.pdf</ref>
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Within five months of confirmation, Judge Costa then voted in favor of Planned Parenthood in trying to reverse a Fifth Circuit ruling that had upheld the pro-women, pro-life HB 2, a good law that resulted in the closure of roughly half the abortion clinics in Texas.  Judge Edith Jones and the majority of the Fifth Circuit outvoted Costa on the petition for rehearing ''en banc'' in ''Planned Parenthood of Greater Tex. Surgical Health Servs. v. Abbott'', 769 F.3d 330 (Oct. 9, 2014, 5th Cir. 2014).<ref>http://www.ca5.uscourts.gov/opinions/pub/13/13-51008-CV2.pdf</ref>
    
It was obvious prior to Ted Cruz's recommendation that Judge Costa was not [[pro-life]].  In one of his decisions as a district court judge in 2012, Judge Costa uncritically cited ''Roe v. Wade'' for a procedural point.  Judge Costa had also been a Democrat volunteer in college in the 1990s.
 
It was obvious prior to Ted Cruz's recommendation that Judge Costa was not [[pro-life]].  In one of his decisions as a district court judge in 2012, Judge Costa uncritically cited ''Roe v. Wade'' for a procedural point.  Judge Costa had also been a Democrat volunteer in college in the 1990s.
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