TX Supreme Court Rules Ban on Abortions in Medical Emergencies Will Continue

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The ruling means physicians must wait until patients are dangerously ill before terminating their pregnancies.

Plaintiffs Amanda Zurawski, Lauren Hall, Lauren Miller, Center for Reproductive Rights President and CEO Nancy Northup, CRR Media Relations Director Kelly Krause speak at the Texas state capitol after filing a lawsuit on behalf of Texans harmed by the state's abortion ban on March 7, 2023, in Austin, Texas.Texas will continue enforcing bans on performing abortions even when pregnancies develop serious complications, following a decision issued Friday by the state Supreme Court.

The ruling means physicians must wait until patients are dangerously ill before terminating their pregnancies — in some cases resulting in otherwise preventable health complications. Under the law, learning that a fetus is unlikely to survive does not allow doctors to perform an abortion., with many arguing that the state’s abortion laws endangered their lives. Some left the state for care.

The lawsuit, filed by the Center for Reproductive Rights, did not seek to overturn Texas’ abortion bans; instead, plaintiffs wanted clarity from the state about when people facing dangerous pregnancy complications could receive abortions. Texas is the largest state in the country to have banned abortions. The Texas lawsuit also inspired comparableTexas woman Kate Cox in a separate but similar case; by the time the court ruled in Cox’ case, she had already left the state to receive an abortion.

In Texas, violating the state ban is a felony and can be punished by life in prison and at least $100,000 in fines. Abortion providers can also be sued by private citizens for at least $10,000 under theA state judge in Austin ruled last summer that while this case proceeded, the state could not deny patients access to abortions when their doctors deemed care appropriate to save their life or to prevent irreversible damage to their health.

The state has argued that the fault is not with Texas’ abortion laws. Rather, they argued, doctors have been given all the guidance they need under the state’s narrow exception language, and said that if patients feel they are not getting needed treatment, the fault is with physicians for being unwilling to make decisions about their health.This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.

 

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