A Texas court on Friday (August 4) issued a temporary order in favor of a group of women and doctors who are challenging state abortion bans in court on grounds of medical emergency. .
The Center for Reproductive Rights appeal argues that the way medical exceptions are defined in Texas law causes a “health crisis” because they are sources of confusion for doctors.
In her written judgment, Judge Jessica Mangrum acknowledges that women have been “delayed or denied access to abortion due to widespread uncertainty about physicians’ leeway under the medical exception to the Texas abortion ban”. She ordered that doctors not be prosecuted after exercising their “good faith judgment”.
Physicians should be allowed to determine what they consider to be potentially life-threatening medical emergencies “the life and/or health (including fertility) of a woman”she said.
Injunction blocked when Texas appeals
The temporary injunction is meant to last until the legal action is judged on the merits in a trial due to begin next March. However, under Texas law, a ruling is automatically stayed once it is appealed, meaning Friday’s injunction will likely be blocked as soon as the state appeals.
Last month, the Austin court heard harrowing testimony from plaintiffs. Amanda Zurawski, who gave her name to the case, was unable to benefit from an abortion very early in her desired pregnancy, when the miscarriage was inevitable. According to Mme Zurawski, her doctor told her that she “could not intervene because the baby’s heart was still beating and inducing labor would have been considered an illegal abortion”. Mme Zurawski, victim of sepsis, forcing the practice of an abortion three days later, almost lost his life.
The lawsuit is the first filed on behalf of women who have been denied abortions since the US Supreme Court gave states the freedom to legislate abortion on their own. Texas has banned all voluntary terminations of pregnancy (abortion), at any stage, including incest or rape. Only exception: in case of danger of death or risk of serious disability for the mother.
Up to 99 years in prison
Texas doctors convicted of performing abortions face up to 99 years in prison, fines of up to $100,000 (about 90,000 euros) and the revocation of their medical licenses.
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This action asks the courts to provide a binding interpretation of the exception of“medical emergency” prescribed by law, arguing that it is up to doctors to assess, ” in good faith “the need for an abortion, rather than to state legislators.
For the Texas attorney general’s office, these measures would effectively cancel its prohibitions. The proposed medical exception “would, by design, destroy the rule”say his lawyers in their written response, “it would, for example, allow abortions for pregnant women with medical conditions ranging from a headache to feelings of depression”.