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The Texas Supreme Court recently entertained arguments in Zurawski v. State of Texas, a case brought by the Center for Reproductive Rights on behalf of Texas physicians and women denied abortion care in life-threatening pregnancy complications.

In August, a Texas district judge issued an injunction blocking Texas’s abortion bans concerning patients with dangerous pregnancy complications. The judge clarified that doctors could use their good-faith medical judgment in such situations. However, the state appealed, preventing the injunction from taking effect and leaving the abortion bans in place.

The lawsuit, initially representing five women and two obstetrician-gynecologists, sought clarification on “medical emergency” exceptions and protection for doctors using their judgment without fear of prosecution. The case now includes a total of 22 plaintiffs, highlighting the growing impact of Texas’s abortion bans.

During arguments, questions from the justices revealed concerns about physicians’ confusion, lack of guidance on interpreting exceptions, the practicality of obtaining court orders for life-threatening situations, and the impact on physicians’ lives and careers.

Molly Duane, the Center’s Senior Staff Attorney, emphasized the real and immediate harm faced by patients, citing the lead plaintiff, Amanda Zurawski, who became septic while waiting for approval to receive abortion care.

Duane highlighted the severity of penalties faced by physicians under the current bans and the lack of clarity in the law, leading to substandard care. The hope is that the Texas Supreme Court will affirm the lower court’s decision, allowing physicians to use their good-faith medical judgment and provide necessary care.

source: Center Argues Case on Abortion Bans’ Medical Exceptions at Texas Supreme Court | Center for Reproductive Rights

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