Controversial abortion ban
New Texas court ruling grants women emergency abortions
A woman holds up a placard that reads ‘Abortion is Health Care’
© Bob Karp / Imago Images
Doctors in Texas are allowed to perform abortions without being penalized. A court has now decided that. However, this only applies in emergency situations and only temporarily.
A court in the US state of Texas has ordered doctors to assess an emergency situation Abortions should not be prosecuted. A group of women and doctors had filed a lawsuit against the abortion ban in Texas. They argued that medical exceptions were not clearly defined, creating uncertainty among doctors. A judge agreed with that assessment in her written judgment on Friday.
In the ruling, Judge Jessica Mangrum wrote that women “have been delayed or denied access to abortion care because of widespread uncertainty about physician discretion regarding medical exceptions to Texas’ abortion bans.” She said doctors shouldn’t be prosecuted for their assessment of an emergency.
The judge ordered a restraining order. Doctors should therefore be able to judge for themselves whether “a woman’s life and/or health (including fertility)” is at risk. The injunction will remain in effect until the lawsuit is resolved. The process is scheduled to begin in March. However, the injunction could be blocked prematurely if the state appeals.
The lawsuit was filed by the Center for Reproductive Rights. It argues that Texas law does not clearly define medical exceptions for abortions. This is confusing for doctors and triggers a “health crisis”.
First lawsuit against denied abortion
Several plaintiffs testified in the Austin court last month. Amanda Zurawski, after whom the case is named, said she was denied an abortion even though the water broke very early in the pregnancy. This made a miscarriage inevitable.
According to Zurawski, her doctor said she “couldn’t intervene because the baby’s heart was still beating and inducing labor would have been considered an illegal abortion.” Zurawski went into life-threatening septic shock and the fetus was stillborn.
The lawsuit is the first filed on behalf of women who have been denied an abortion since the US Supreme Court overturned the constitutional right to an abortion just over a year ago. Under Texas law, doctors who perform an abortion face up to 99 years in prison, fines of up to $100,000 and their medical license revoked.