The Texas Supreme Court said a medical exemption in the state’s abortion ban applies only when a person is at risk of death or serious physical impairment, ruling Friday against women who sued the state with claims that the ban had put their health at risk.
The state’s highest court, which is made up entirely of Republicans, reversed a lower court’s order that broadened the exception to circumstances in which a pregnancy is “unsafe” for the pregnant person or when there is a fetal condition making it unlikely the fetus will survive. “Because the trial court’s order opens the door to permit abortion to address any pregnancy risk, it is not a faithful interpretation of the law,” the state Supreme Court said.
The high court ruled doctors must hew to the “reasonable medical judgment” standard in the law, which the ruling described as requiring doctors to “identify a life-threatening physical condition that places the mother at risk of death or serious physical impairment of a major bodily function unless an abortion is performed.” The state Supreme Court said a fetal condition making a pregnancy unviable was not by itself a reason that an abortion could be performed.
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