Judge Blocks Narrow Interpretation of “Medical Emergency” Exception to Texas Abortion Bans, But Appeal Puts Ruling on Hold
- August 11, 2023
A Texas judge on August 4 temporarily enjoined the state from enforcing its abortion bans against physicians who perform the procedure on patients experiencing emergent medical conditions that pose a risk to life or health, including loss of fertility, or in cases where the fetus was unlikely to survive after birth.
However, the Center for Reproductive Rights, which filed the reportedly first-of-its kind lawsuit on behalf of five women and two Texas obstetrician-gynecologists in March, said the state's immediate appeal to the Texas Supreme Court has put the ruling on hold.
The complaint argued that medical professionals are delaying or refusing to provide necessary obstetrical care to pregnant people in the face of potential criminal and civil liability, stiff fines, and revocation of their medical licenses under Texas’ abortion bans, despite exceptions for protecting the life and health of the pregnant person.
Travis County District Court Judge Jessica Mangrum found any enforcement of the abortion bans for abortions performed on patients who, in a physician’s good faith judgment, had a physical emergent medical condition would be inconsistent with the medical exceptions and the state’s constitution.
Mangrum described “physical emergent medical conditions” as including those that pose a risk of infection or make continuing a pregnancy unsafe for the pregnant person or where the fetus is unlikely to survive the pregnancy and sustain life after birth.
The court concluded that plaintiffs, as well as other pregnant persons and physicians in the state, “face a probable, irreparable and imminent injury for which they will have no adequate remedy” absent the injunction.
Texas’ so-called trigger ban, which went into effect after the Supreme Court overturned Roe v. Wade, makes performing an abortion a felony. Medical professionals that violate the trigger ban also could lose their medical license and be subject to civil penalties of not less than $100,000.
Senate Bill 8, enacted in 2021, effectively prohibits abortion beyond the point that an embryo or fetus has detectable cardiac activity, typically around six weeks. The law allows individuals to sue those who “aid or abet” abortions for statutory damages of not less than $10,000.
While these laws include exceptions for pregnant patients with emergent medical conditions, conflicting language regarding physician discretion and intent is creating widespread uncertainty among medical professionals, plaintiffs argued.
However, as a result of the state’s appeal of the injunction, physicians are again without clear guidance, the Center for Reproductive Health said.
“The lives of pregnant people and their health and future fertility are still at risk,” said plaintiff Dr. Damla Karsan, a Houston-based OB-GYN. “Until the injunction is reinstated, there will continue to be pervasive fear and confusion among physicians, who remain unable to act in the best interests of their patients.”
Zurawski v. State of Texas, No. D-1-GN-23-000968 (Tex. Dist. Ct. Travis Cty. Aug. 4, 2023).