![]() So one of the other things that the Supreme Court did that hopefully will be useful for physicians and for pregnant patients in Texas is they said it doesn't require imminence. “The legislature didn't do a very good job of helping people understand just how broad or narrow the exception is. “There have been abortions in Texas post-Dobbs. Have there been any abortions in Texas after the overturning of Roe v. “It doesn't use that sort of magic language.” “What the Texas Supreme Court says is the language that was used both by … the physician and by the judge doesn't track the language of the statute. And it places the pregnant person at risk of death or it poses a serious risk of substantial impairment of a major bodily function unless the person gets an abortion. It requires that the physician has to say, in her reasonable medical judgment, that there is a life-threatening physical condition - It's very clear that it has to be a physical condition - that's aggravated by or caused by or is arising from the pregnancy. “The language of the statute is very specific. Why didn’t Cox’s case fall under that statute, according to the ruling? “If you don't do that, then they say the exception can't apply.” You have to specifically say what the risks are. You have to specifically say that you are making this diagnosis under your reasonable medical judgment. “You have to have to specifically say that this is life-threatening. What are the exceptions to Texas’s near-total abortion ban that would allow someone to terminate a pregnancy? “Texas is really focused on making it as difficult as possible for someone to be able to terminate a pregnancy,” says Kimberly Mutcherson, a professor at Rutgers Law School. It’s not the first instance of an emergency abortion being denied in Texas. The Supreme Court ultimately ruled against her, upholding the state’s near-total abortion ban. A state judge ruled that she could terminate her pregnancy because continuing it pregnancy could have harmed Cox’s health and fertility.īut the Texas Supreme Court placed that decision on hold. When Kate Cox’s fetus was diagnosed with a condition that is almost always fatal, she sued her home state of Texas for an emergency abortion. Supreme Court's decision to overturn Roe v. Facebook Email Demonstrators gather at the federal courthouse in Austin, Texas, following the U.S.
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