In a recent lawsuit challenging state laws that restrict most abortions, the Texas Supreme Court handed another setback to abortion activists by upholding the constitutionality of these laws.
Justice Jane Bland presented the court’s opinion on Friday, with Justices Debra Lehrmann and Brett Busby filing concurring opinions.
The Texas abortion ban laws faced a setback as the state Supreme Court overturned a lower court’s injunction that aimed to halt their implementation. The court stated that the injunction deviated from the law without any constitutional justification.
In August 2022, following the overturning of Roe v Wade in June 2022, all Texas laws prohibiting most abortions, except for certain circumstances, came into effect.
The Center for Reproductive Rights, on behalf of multiple plaintiffs, filed a lawsuit against the state, Attorney General Ken Paxton, and the Texas Medical Board in March 2023. Their argument is that the abortion ban laws in Texas are in violation of the Texas Constitution. One of their main claims is that these laws prevent doctors from performing abortions in cases where the mother’s life is at risk.
The lawsuit challenging the laws was filed in the 353rd District Court in Travis County. In response, the court issued a temporary injunction to prevent the enforcement of these laws. Paxton, not backing down, decided to take the case to the Texas Supreme Court. The high court carefully considered the case last November and recently delivered its ruling, affirming the constitutionality of the state laws.
Abortion activists have suffered yet another setback in their ongoing battle against the implementation of Texas abortion ban laws. This ruling adds to their growing list of defeats and further hampers their efforts to halt these laws.
In the past three years, several abortion activists made efforts to prevent the implementation of the Texas Heartbeat Act both before and after its bipartisan approval and subsequent signing into law in May 2021. Despite facing twenty-two lawsuits, the Act was upheld by the Texas Supreme Court in March 2022 and the Fifth Circuit Court of Appeals in April 2022. In a significant development, the U.S. Supreme Court overturned the landmark Roe v Wade decision in June 2022, leading to the enforcement of Texas’ abortion ban laws in August 2022.
All of the Texas statutes that banned abortion prior to Roe v. Wade and were not amended by the state legislature became enforceable in August 2022, alongside the Heartbeat Act. This came after a Democratic judge in Harris County issued a temporary restraining order to halt the implementation of these pre-Roe laws in response to a lawsuit filed by the Center for Reproductive Rights and other parties. Attorney General Paxton subsequently issued an advisory on the matter.
The Heartbeat Act, which is the strictest law in Texas, prohibits abortions from taking place once a heartbeat is detected in the preborn baby, with only a few exceptions. This law makes it a second-degree felony for any person who knowingly performs, induces, or attempts an abortion, and it also allows for civil lawsuits to be filed against those who violate the law. As a result, this law effectively puts an end to the majority of abortions in the state.
The Texas Supreme Court firmly dismissed the plaintiffs’ latest arguments, stating that the assessment made by a physician who informs a patient about the life-threatening complications arising during pregnancy and the need for an abortion, but mentions that the law prohibits it in such circumstances, is legally incorrect. Bland emphasized the physician’s erroneous legal assessment in this situation.
According to her ruling, it is stated that in Texas, a life-saving abortion is permitted. A physician cannot face fines or disciplinary action for performing an abortion if they, based on reasonable medical judgment, determine that a pregnant woman has a life-threatening physical condition and that condition poses a risk of death or serious physical impairment unless an abortion is performed. However, under current Texas law, performing an abortion is generally prohibited after the United States Supreme Court overturned Roe v. Wade.
According to the Center for Reproductive Rights, the recent ruling falls short in providing clear guidelines on when doctors can perform abortions for critical medical reasons. The center also criticizes the dismissal of patients’ claims, asserting that they have constitutional rights to their lives, health, and future fertility.
Nancy Northup, the president and CEO of the center, expressed her dissatisfaction with the ruling, stating that it does not provide the necessary clarity for Texas doctors to offer abortion care to patients with severe pregnancy complications without the fear of imprisonment. She also criticized the reversal of Roe v. Wade, highlighting the harsh consequences it has on the 14 states with strict abortion bans, as evidenced by the Texas Supreme Court’s opinion.
In addition, she emphasized the gravity of abortion bans, stating that any exceptions to these bans are merely illusory. She further highlighted the dangers faced by pregnant individuals in states that prohibit abortion, emphasizing the need for medical professionals, rather than courts and politicians, to manage pregnancy complications.
According to Northup, the center is determined to explore all possible legal options to address the ongoing suffering in Texas.
According to Paxton, he expressed his appreciation for the ruling and stated that he will do everything within his capabilities to safeguard the laws enacted by the Legislature and uphold the values cherished by the people of Texas in order to protect both mothers and babies.
