Five Women Sue Texas Over Abortion Ban

[Desk trauma]

In Texas, getting an abortion is a private matter between a woman, her husband, her doctor, her team of lawyers, a judge, and a lawyer from the state Attorney General's office.​

Texas judge grants pregnant woman's request to get an abortion​

A Dallas-area mother found out that her fetus has trisomy 18, a genetic condition that can cause stillbirth or death of a newborn. The court order allows her to end the pregnancy.

Texas law prohibits almost all abortions with very limited exceptions. So on behalf of Cox, her husband and her doctor, lawyers with the Center for Reproductive Rights filed a request for a temporary restraining order that would block the state’s abortion bans in Cox's case and enable her to terminate her pregnancy.

"Many of Miss Cox’s health risks during this pregnancy will put her life in danger if left untreated, and carrying this pregnancy to term will significantly increase the risks to her future fertility, meaning that she and her husband may not be able to have more children in the future," Duane said.

State District Judge Maya Guerra Gamble quickly granted the requested order, which also allows Cox’s doctor to perform the abortion without fear of prosecution.

Johnathan Stone, an attorney with the Texas attorney general's office who represented the state in the hearing, argued that Cox and her husband had not sufficiently demonstrated that they would suffer "immediate and irreparable injury" without an abortion.

"The only party that’s going to suffer an immediate and irreparable harm in this case" if the judge grants the requested order, he said...


"is the state."

Dont you ever think about it hussy!

Texas AG threatens to prosecute doctors in emergency abortion​

 

[essentialsaltes]

Dont you ever think about it hussy!

Texas AG threatens to prosecute doctors in emergency abortion​

And yet I have been repeatedly informed that doctors and hospitals were overreacting or grandstanding when they refused to do abortions because of the fear of legal repercussions. Obviously, I was told, the law didn't apply to that situation, and the doctors are just doing this to make the law look bad.

 

[Desk trauma]

And yet I have been repeatedly informed that doctors and hospitals were overreacting or grandstanding when they refused to do abortions because of the fear of legal repercussions. Obviously, I was told, the law didn't apply to that situation, and the doctors are just doing this to make the law look bad.

As I have said, what's a few broken incubators if the domestic supply of infants is maintained?

 

[essentialsaltes]

In Texas, getting an abortion is a private matter between a woman, her husband, her doctor, her team of lawyers, a judge, and a lawyer from the state Attorney General's office.​

Texas judge grants pregnant woman's request to get an abortion​

Oops, have to add SCOTX to the mix.

Texas Supreme Court temporarily halts order that allowed pregnant woman to have abortion​

The Texas Supreme Court on Friday temporarily halted an order allowing a woman who is 20 weeks pregnant to get an abortion — reversing a lower-court ruling that marks the first case of a pregnant woman seeking a court order for the procedure since Roe v. Wade was overturned last year.

On Thursday, Travis County District Judge Maya Guerra Gamble, an elected Democrat, granted a temporary restraining order that would allow Cox to have an abortion under the narrow exceptions to the state’s ban. But Texas Attorney General Ken Paxton (R) asked the Supreme Court of Texas to intervene to block Cox from obtaining an abortion.

 

[CRAZY_CAT_WOMAN]

Oops, have to add SCOTX to the mix.

Texas Supreme Court temporarily halts order that allowed pregnant woman to have abortion​

The Texas Supreme Court on Friday temporarily halted an order allowing a woman who is 20 weeks pregnant to get an abortion — reversing a lower-court ruling that marks the first case of a pregnant woman seeking a court order for the procedure since Roe v. Wade was overturned last year.

On Thursday, Travis County District Judge Maya Guerra Gamble, an elected Democrat, granted a temporary restraining order that would allow Cox to have an abortion under the narrow exceptions to the state’s ban. But Texas Attorney General Ken Paxton (R) asked the Supreme Court of Texas to intervene to block Cox from obtaining an abortion.

She needs to seek an abortion in another state. This craziness is going way to far. This fetus doesn't have a chance. This should have been a decision between her doctor and her.

 

[essentialsaltes]

She needs to seek an abortion in another state.

At 20 weeks, I would think so.

 

[iluvatar5150]

And yet I have been repeatedly informed that doctors and hospitals were overreacting or grandstanding when they refused to do abortions because of the fear of legal repercussions. Obviously, I was told, the law didn't apply to that situation, and the doctors are just doing this to make the law look bad.

Yet another doomer W. I might have to start listening to them.

 

[Brihaha]

Methinks Texas may have to raise the combined 8.25% sales tax rate in order for the state to afford to sue any women needing an abortion. Such strange goings-on. I'm grateful for having visited Texas already. I hope to never return.

 

[Desk trauma]

She needs to seek an abortion in another state.

A lovely test case for prosecution of abortion across state lines.

 

[Desk trauma]

Per the center for reproductive rights she has left the state to seek treatment.

 

[essentialsaltes]

Per the center for reproductive rights she has left the state to seek treatment.

ISSUE IS MOOT. BAD COURT THINGY.
(IANAL)

 

[Pommer]

ISSUE IS MOOT. BAD COURT THINGY.
(IANAL)

Query: was there any “fear” that in allowing this woman to receive abortion-care services that Great State of Texas might be liable to fork over the $10,000 bounty to anyone who filed a claim against it?

 

[wing2000]

ISSUE IS MOOT. BAD COURT THINGY.
(IANAL)

Trying to understand the Texas SC ruling....

In Monday’s ruling, the justices say the law does not “ask the doctor to wait until the mother is within an inch of death or her bodily impairment is fully manifest or practically irreversible. The exception does not mandate that a doctor in a true emergency await consultation with other doctors who may not be available. Rather, the exception is predicated on a doctor’s acting within the zone of reasonable medical judgment, which is what doctors do every day.”

The ruling also called on the Texas Medical Board to offer more guidance to physicians, reminding the agency that it can “assess various hypothetical circumstances, provide best practices, identify red lines, and the like” as it has done for COVID-19 protocols and similar circumstances.

Texas Supreme Court blocks order allowing abortion; woman who sought it leaves state

The Texas Supreme Court ruled that Kate Cox did not qualify for an abortion under the medical exception to the state’s near-total abortion ban. Just hours prior, Cox’s lawyers said she’d traveled out of state to have the procedure.

www.texastribune.org

Is the Texas SC suggesting the woman's doctor could have ordered the abortion "acting with the zone of reasonable medical judgement"?

 

[essentialsaltes]

Trying to understand the Texas SC ruling....

Is the Texas SC suggesting the woman's doctor could have ordered the abortion "acting with the zone of reasonable medical judgement"?

The ruling itself.

What I gather (IANAL) is that the Texas law has an exception if the woman is facing something life-threatening, or "serious risk" of major impairment.

In the lawsuit, the doctor "could not or did not" assert that the woman faced such a medical situation. She did express a "good faith belief" that this was the case, but that was not enough of a "reasonable medical judgment" to satisfy the court.

The stated position of the court is indeed that physicians (not judges) decide the medical necessity. So ostensibly yes, any woman's doctor could conclude (presumably truthfully, ethically, and reasonably) the exception applied and perform the abortion. The court repeats several times that doctors don't need to get a court order to perform an abortion.

Bu still left unstated is what might happen in such a case if the AG puts the doctor on trial. The court calls on the medical community to come up with some guidelines, but part of the issue all along I believe is that the law is written with exception criteria that don't translate obviously in a 1-to-1 fashion to medical criteria. If the court is being sincere, then the decisions are left to the medical community to determine, not the legislature or the courts.

 

[Desk trauma]

. If the court is being sincere

LOL

 

[Belk]

The ruling itself.

What I gather (IANAL) is that the Texas law has an exception if the woman is facing something life-threatening, or "serious risk" of major impairment.

In the lawsuit, the doctor "could not or did not" assert that the woman faced such a medical situation. She did express a "good faith belief" that this was the case, but that was not enough of a "reasonable medical judgment" to satisfy the court.

The stated position of the court is indeed that physicians (not judges) decide the medical necessity. So ostensibly yes, any woman's doctor could conclude (presumably truthfully, ethically, and reasonably) the exception applied and perform the abortion. The court repeats several times that doctors don't need to get a court order to perform an abortion.

Bu still left unstated is what might happen in such a case if the AG puts the doctor on trial. The court calls on the medical community to come up with some guidelines, but part of the issue all along I believe is that the law is written with exception criteria that don't translate obviously in a 1-to-1 fashion to medical criteria. If the court is being sincere, then the decisions are left to the medical community to determine, not the legislature or the courts.

Yet when a doctor tried to get clarification the State AG shut him down. Seems pretty fraught with peril for the medical community.

 

[KCfromNC]

Query: was there any “fear” that in allowing this woman to receive abortion-care services that Great State of Texas might be liable to fork over the $10,000 bounty to anyone who filed a claim against it?

Wonder what would happen if one asked for a $10,000 bounty from the judge who ruled to allow it? Would we each be able to win $10K from each of their employees as well? Seems like that would fall under the aids part of aids and abets in the law.

Heck, can we also do it for the justices who overruled the initial ruling, since their actions directly led to someone getting an abortion out of state?

 

[KCfromNC]

Yet when a doctor tried to get clarification the State AG shut him down. Seems pretty fraught with peril for the medical community.

Pretty sure that's by design.

 

[iluvatar5150]

Yet when a doctor tried to get clarification the State AG shut him down. Seems pretty fraught with peril for the medical community.

Pretty sure that's by design.

When some of these laws were getting pushed through, I saw a lot of Christians scoffing at the idea that this would have any sort of chilling effect on doctors trying to perform legitimate non-elective procedures. It's a special kind of jerk that wants to force women into carrying non-viable pregnancies to term.

 

[CRAZY_CAT_WOMAN]

From what I reading about the AG, Ken Paxton's.That he's a 60 year old man, with no uterus and medical training in women reproductive care. As has no business in women's reproductive business.