A Texas judge has ruled that women in the state facing serious pregnancy complications will be temporarily exempted from the strict abortion ban. Judge Jessica Mangrum, siding with women and doctors who sued Texas over the ban, stated that the legislation lacked clarity. The temporary injunction will remain in effect until the lawsuit is decided. This move is expected to be appealed by the state.
Texas implemented a law in 2022 that bans all abortions except in dire medical circumstances, making it one of the strictest abortion laws in the US. Breaking the ban could lead to a fine of $100,000 and up to life imprisonment. The law was introduced shortly after the Supreme Court overturned its decades-old Roe v Wade decision, taking away the constitutional right to abortion for millions of women across the country.
This case is the first to challenge the ban on behalf of women who have been denied abortions since the Roe v Wade decision was overturned. The group of women and doctors behind the lawsuit aims to change the ban to give doctors more discretion in determining when an abortion is necessary based on medical emergencies.
Judge Mangrum’s ruling in Austin emphasized that women faced delays and denials in accessing abortion care due to uncertainty surrounding physicians’ discretion under the medical exception to the abortion bans. The judge also asserted that doctors must have the authority to determine medical emergencies that could endanger a woman’s health or life.
The temporary injunction is designed to last until the lawsuit is resolved. However, under Texas law, an appeal automatically stays a ruling, potentially leading to a blockage once the state appeals. The Center for Reproductive Rights, which is suing Texas, hailed the ruling as it provides clarity on what conditions qualify as medical emergencies under the abortion bans, allowing doctors to use their medical judgment in determining when abortion care is necessary. Lead plaintiff Amanda Zurawski expressed joy at the news, recalling how her life was endangered when she was denied an abortion last year.
The lawsuit filed in March seeks a binding interpretation of medical emergencies in the current law. The Texas attorney general’s office argues that the exceptions advocated by the plaintiffs could create avenues for bypassing the ban and lead to abortions for various medical conditions, including headaches or feelings of depression.
SOURCE: Ref Image from The Independent Post
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