The Supreme Court of Texas has overturned a ruling that would have allowed a woman to terminate her pregnancy under the medical exception to the state’s near-total abortion ban.
The unanimous ruling came hours after lawyers for Kate Cox, who was 20 weeks pregnant, revealed that she had left the state to obtain an abortion.
Ms Cox, 31, turned to the legal system after being told if she continued with her current pregnancy, her baby would likely be stillborn as it has a condition called Trisomy 18 and has no chance of survival.
No, not forced birth, rather this:
Nine Republican lawmakers ruled on Monday that a “good faith belief” by Damla Karsan, a doctor who sought to perform the abortion on the grounds it was medically necessary, was not enough to qualify for the state’s exception.
Instead, the court said, Dr Karsan would need to determine in her “reasonable medical judgment” that Ms Cox had a “life-threatening condition” and that an abortion was necessary to prevent her death or impairment of a major bodily function.
“A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion,” the court wrote.
“The law leaves to physicians – not judges – both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient.’’
They’ve changed the law. As ususal, the law is slightly vague. Therefore greater clrification of what the law actually says is necessary – it being the US, through the court system.
Think it’s a bit odd to call the Supreme Court of TX 9 lawmakers but still. Such running of the first few cases up and down the legal system is normal when the law is changed. Any law in any direction. Just the way the system works.