Friday, a Texas court handed a decision that invalidated the state’s abortion restrictions as they relate to risky pregnancy problems.The order issued by the judge also addresses tragic fetal diagnosis.
Since the group of women and two physicians sued the state, alleging the new abortion regulations endangered their lives, months have passed.
Fetal Diagnosis
When they claim they were refused care during their failed pregnancies, they presented an emotional testimony in July about the hazards to their health they had to deal with.
According to the judge’s decision, the ladies in this case should have had abortions but were instead refused them because of “widespread uncertainty” regarding the medical exemption to Texas’ abortion restrictions.
Texas has among of the nation’s harshest abortion regulations. Governor Greg Abbott approved the legislation outlawing abortions after six weeks of pregnancy in 2021. The “trigger ban” also took effect when the Supreme Court overturned Roe v. Wade, making it a crime for medical professionals in the state to conduct abortions unless the patient’s life is in danger.
According to the Court, “physical medical conditions” that at the very least:
- a physical illness or pregnancy complication that puts the pregnant individual at danger of infection or renders pregnancy risky overall;
- a physical illness that is made worse by pregnancy, cannot be successfully treated while pregnant, or necessitates frequent invasive treatment;
- and/or a prenatal disorder that makes it unlikely for the fetus to live after delivery or survive the pregnancy.
Legal Standard
Source: NBC News
Mangrum further said that it would be unconstitutional for any authority to enforce Texas’ abortion restrictions against a doctor who performs an abortion on a patient who satisfies the legal standards.
Judge Jessica Mangrum ruled that physicians cannot be punished for using their own “good faith judgment.”
The court also rejected the state’s plea to have the lawsuit dismissed and ruled that a citizen-enforced ban on abortions was unconstitutional. The state’s attorney general filed an appeal late Friday, preventing the law’s amendment.
