Judge's order exempts Texas women with complicated pregnancies from state abortion ban

ByWilliam Melhado, The Texas Tribune
Saturday, August 5, 2023
Complicated pregnancies temporarily exempt from Texas abortion ban
A state district judge has temporarily exempted women with complicated pregnancies and their providers from the Texas abortion ban.

A Texas judge on Friday issued a temporary exemption to the state's abortion ban that would allow women with complicated pregnancies to obtain the procedure and keep doctors free from prosecution if they determined the fetus will not survive after birth.

State District Court Judge Jessica Mangrum of Austin wrote that the state's attorney general cannot prosecute doctors who, in their "good faith judgment," terminate a complicated pregnancy. Mangrum outlined those conditions as a pregnancy that presents a risk of infection; a fetal condition in which the fetus will not survive after birth; or when the pregnant person has a condition that requires regular, invasive treatment.

SEE ALSO: 5 women who wanted pregnancies sue over Texas abortion bans, say their lives were put at risk

Last month, the court heard from three women who testified against Texas' abortion ban, describing how delayed medical care impacted their pregnancies. The women are suing the state over the law, seeking to clarify when a medical emergency justifies an abortion. Currently, the law allows termination of a pregnancy if the mother's life is in danger.

Although the state is expected to appeal, the temporary injunction will stand until the lawsuit against Texas is complete unless a higher court intervenes. The ruling suggests patients with complicated pregnancies can seek abortions in the state without prosecution of those who aid in and perform the procedure. A trial to determine the issue, clarifying when a medical emergency justifies an abortion, has been scheduled for March 25.

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