opinion
Texas court ducks abortion law clarification.
Editorial | Texas High Court Turns Back on Abortion Law Clarity and Saving Lives
Published June 10, 2024 at 6:02am by
Texas Supreme Court Upholds Vague Abortion Law, Ignores Plight of 20 Women
Zurawski v. Texas demanded clarity on the state’s sweeping abortion ban. 22 plaintiffs sought guidance on exceptions for medically-necessary abortions, as doctors face fines or life imprisonment for misinterpretation.
The court rejected this, upholding a vague law that endangers women with complex pregnancies.
A tragic chasm exists between judges/lawmakers, who claim the ban is clear, and families/medical professionals, who fear even necessary abortions could lead to prosecution.
The court granted Dr. Damla Karsan standing to sue, but upheld a narrow interpretation: only “life-threatening” conditions qualify, not risks to general health.
A Harrowing Journey
20 Women, 20 Heartbreaking Stories:
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Amanda Zurawski: Overjoyed after fertility treatments, but at 18 weeks, her water broke. Her baby couldn't survive, and she was at risk of infection. Despite this, she couldn't get a legal abortion until her health deteriorated into life-threatening sepsis.
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Kate Cox: Her baby was diagnosed with a fatal condition. Though authorized for abortion, Texas AG Ken Paxton intervened, threatening legal action. She left Texas for the procedure.
A Murky Legal Landscape
- The court's opinion doesn't clarify the law on other devastating pregnancy conditions.
- Doctors must interpret "major bodily function" threats, and death doesn't have to be imminent.
- The ban's interpretation is disputed, and doctors are not lawyers. They can't parse legal issues in emergencies.
- The natural continuum of human reproduction doesn't fit the legislative binary of healthy or deadly pregnancies.
- Patients and doctors should have the sole right to make these heartbreaking decisions.
Read more: Texas' high court loses a chance to clarify abortion law and help save lives | Editorial