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Texas Supreme Court hears arguments in case challenging abortion ban for medical emergencies

FILE - Amanda Zurawski, who developed sepsis and nearly died after being refused an abortion when her water broke at 18 weeks, left, and Samantha Casiano, who was forced to carry a nonviable pregnancy to term and give birth to a baby who died four hours after birth, center, stand with their attorney Molly Duane outside the Travis County Courthouse, Wednesday, July 19, 2023, in Austin, Texas. A Texas judge ruled Friday, Aug. 4, 2023, the states abortion ban has proven too restrictive for women with serious pregnancy complications and must allow exceptions without doctors fearing the threat of criminal charges. The challenge is believed to be the first in the U.S. brought by women who have been denied abortions since the Supreme Court last year overturned Roe v. Wade, which for nearly 50 years had affirmed the constitutional right to an abortion. (AP Photo/Eric Gay, File) (Eric Gay, Copyright 2023 The Associated Press. All rights reserved)

AUSTIN, Texas – The Texas Supreme Court is hearing arguments Tuesday from litigators on behalf of 22 women who were denied abortions and say their lives were endangered because of it.

The hearing is focusing on whether to block the state’s abortion ban, which would allow abortions to resume in cases of medical emergencies and fatal fetal diagnoses while litigation in the case continues.

The lawsuit, which was filed in March by the Center for Reproductive Rights, originally involved five women. Since then, more women have joined, bringing the total number of plaintiffs to 22. Two of them are doctors.

The lawsuit seeks both a temporary and a permanent block on Texas’ abortion law, citing uncertainty surrounding the meaning of the exceptions to the ban.

Molly Duane, an attorney for the Center for Reproductive Rights, says she believes it’s the first time in decades that women who were denied abortions have testified in a court about a state’s abortion ban.

A Texas district judge ruled in favor of the plaintiffs in August, but Attorney General Ken Paxton filed an appeal with the Texas Supreme Court that stopped that order from taking effect.

Under the law in Texas, doctors who perform abortions risk life in prison and fines of up to $100,000. Opponents say that has left some women with providers who are unwilling to discuss terminating a pregnancy.

Although Texas’ ban narrowly allows exceptions when the patient’s life is in danger, opponents say the law is so vaguely worded that doctors remain afraid to perform abortions under those circumstances.

Sixteen states, including Texas, do not allow abortions when a fatal fetal anomaly is detected, while six states do not allow exceptions for the mother’s health, according to an analysis by KFF, a health research organization.

The Associated Press and the Texas Tribune contributed to this article.


About the Author

A graduate of the University of Houston-Downtown, Ana moved to H-Town from sunny southern California in 2015. In 2020, she joined the KPRC 2 digital team as an intern. Ana is a self-proclaimed coffee connoisseur, a catmom of 3, and an aquarium enthusiast. In her spare time, she's an avid video gamer and loves to travel.