Oklahoma City – Oklahoma Gov. Kevin Stitt’s attempt to ban abortions during the coronavirus pandemic cannot be enforced, a federal judge has ruled.

U.S. District Judge Charles Goodwin issued a preliminary injunction late Monday after abortion providers sued Stitt over the ban. The injunction replaces a temporary restraining order that the same judge issued last week that allowed most abortions to continue.

The injunction ensures abortions can be performed in Oklahoma while the case continues in federal court. Stitt’s office didn’t immediately respond to a request for comment, but a spokesman for Oklahoma Attorney General Mike Hunter said he intends to appeal,

Stitt attempted to ban abortions in Oklahoma as part of a prohibition on elective surgeries aimed at preserving personal protective equipment – surgical masks, gowns and gloves – during the crisis.

Governors across the country have issued executive orders halting nonessential medical surgeries to free up hospital staff, space and equipment, and some Republicans have said abortions should be included under those mandates. Those bans, including Oklahoma’s, have been challenged in courts by Planned Parenthood, the American Civil Liberties Union and the Center for Reproductive Rights.

– Associated Press