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Texas abortion ban overview:
- Who: A district judge in Texas ruled the state’s abortion law unconstitutional in favor of five women who were denied or delayed in receiving abortions during medical crises.
- Why: Judge Jessica Mangrum wrote in her ruling that the Texas abortion ban was unconstitutional and uncertainty regarding the medical exception caused risk for pregnant women.
- Where: The abortion ban ruling came in Travis County District Court in Texas.
A district judge in Texas has ruled the state’s abortion ban is unconstitutional, stating it caused uncertainty related to its medical exception and making it dangerous for pregnant women.
Travis County District Court Judge Jessica Mangrum wrote that if officials used the abortion ban to prevent an abortion for a woman with an emergent medical condition, it would be inconsistent with the woman’s constitutional rights.
The ruling comes after a lawsuit from five women who all experienced emergent conditions in Texas and were either denied or delayed in getting an abortion.
“The Court finds that the Patient Plaintiffs each experienced emergent medical conditions during their pregnancies that risked the Patient Plaintiffs’ lives and/or health (including their fertility) and required abortion care, but that Patient Plaintiffs were delayed or denied access to abortion care because of the widespread uncertainty regarding physicians’ level of discretion under the medical exception to Texas’s abortion bans,” Mangrum’s ruling states. “The Court further finds that the Patient Plaintiffs’ claims are capable of repetition but evading review.”
Texas abortion ban puts physicians at risk related to patient care judgments, judge rules
The uncertainty related to the Texas abortion ban’s medical exception has caused risk to physicians in the state attempting to treat the emergent medical conditions of pregnant women, Mangrum wrote.
It has left some doctors with “no choice but to bar or delay the provision of abortion care to pregnant persons in Texas for whom an abortion would prevent or alleviate a risk of death or risk to their health (including their fertility) for fear of liability under Texas’s abortion bans,” the judge added.
Do you believe the judge ruled correctly that Texas’ abortion ban was unconstitutional based on its unclear medical exceptions? Let us know in the comments.
The plaintiffs are represented by Austin Kaplan of Kaplan Law Firm PLLC; Molly Duane, Nicolas Kabat and Marc Hearron of the Center for Reproductive Rights; and Jamie A. Levitt, J. Alexander Lawrence and Aditya V. Kamdar of Morrison & Foerster LLP.
The Texas abortion denial lawsuit is Zurawski, et al. v. State of Texas, et al., Case No. D-1-GN-23-000968, in the district court of Travis County, Texas.
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One thought on Texas judge temporarily blocks state’s abortion bans in medical emergencies
this is old news the texas attourney general blocked the abortion injunction after appealed the ruling to the texas supreme court