Texas Supreme Court blocks emergency abortion for woman whose health is threatened by unviable fetus

Originally published at: Texas Supreme Court blocks emergency abortion for woman whose health is threatened by unviable fetus | Boing Boing


Christ, what a bunch of forced birth assholes.

“Pro life” my ass.


If she is a witch, then she will use witchcraft to survive the pregnancy. If she dies, she will have proved her innocence of witchcraft.

In any case, the penalty for sex is death.


Angry Jon Bernthal GIF by NETFLIX


That’s the most horrible part of the Texas Law - you can’t initiate the “exception” process without actually being measurably in danger - not potentially in danger. The way it’s written, you can’t ask for an exception until a doctor says your life is actively threatened: THEN the court process begins, after the clock is actually ticking.


So, basically they want to put this off until she DIES and then say OOPSIE, WHOOPSIE this is now moot, so we won’t issue a ruling. To her husband and kids too bad so sad!


The cruelty is the point.


Courts can waive the moot requirement if it’s something that is likely to happen again. That was true in Roe v. Wade. By the time SCOTUS heard the case, she’d already had the baby.


There are reasons we are actively in the process of leaving Texas.

The state forcing our daughters to bear their rapists’ children is perhaps the biggest one.

We’re almost out. Currently getting the house in Austin in shape to sell, then it’s adios.


So here we are. She will have to flee to a sanctuary state if she wants to escape forced birth. There’s a Go Fund Me…I just reached out to the organizer to make sure it’s legit, haven’t heard back yet.


Hopefully if she has the resources to fight this in court she also has the resources to flee the state if it comes to that, but that’s a bit beside the point since this case isn’t only about her (and even if it was she shouldn’t have to flee).


They are willing to just let her die.


Sure they CAN, but why bother. By declaring it moot they 1) keep the idea that Texas has the right to do this 2) prove they can stretch things out until “nature takes its course” and 3) don’t have to say the quiet part out loud. The next woman and doctor who want to sue under an emergency basis knows they won’t win and the Texas Supreme Court keeps their hands clean well has deniable plausibility.


Yeah, fuck it. Let’s all just give up and die. /s

Always bother. Always be a bother.


And if she leaves the state and has the abortion she no longer has standing to sue, since the “problem” has been taken care of. The next time it comes up, the Texas Supreme Court can put it on the docket 6 months from when filed and nature will take its course. The message is that we don’t care about women and we can delay and delay and force you to have a dead child and die yourself because we believe in “life”.


I, and I would imagine her attorneys and any civil rights groups backing this suit, would rather she survive.

But just to explain how the moot and standing thing works, because I think it will help, what would happen in practical terms if she either dies (God forbid) or goes out of state and gets an abortion is that the State of Texas would file a motion to dismiss the lawsuit on the grounds that the case is moot. The plaintiffs will then have an opportunity to submit a brief responding to that motion. And just like in Roe v Wade, they will argue that, because this is highly likely to happen again, the court should issue a ruling anyway, one way or another, because people need to know what the rules are. Now, the court might reject that argument, but they also might not. I think they probably would accept it and go ahead and hear the case if, God forbid, she has died. If she went ahead and had the abortion out of state, then I’m not sure. She could also still argue she suffered harm. The expense of traveling out of state, finding a doctor on short notice, not to mention extended, unnecessary pain and suffering.

Also, remember that the district court has not yet ruled on the merits of this case. So far, this is all over injunctions and court orders involving enforcement of the law while the case is pending. Under the best of circumstances, none of these cases is likely to make it through district court, appeals court, state supreme court, federal appeals court, and SCOTUS within nine months, so to issue a definitive ruling in any of these cases, they’re going to have to waive the mootness requirement. And I think they will. They still might not rule the way we would like, though. But we gotta keep pushing this stuff.


Angry Amy Sedaris GIF by truTV’s At Home with Amy Sedaris


If Christian churches in this country were worth a damned thing, they’d be barring Republican legislators and judges from the premises on the grounds that they’re actively and joyfully doing the work of the Adversary.


and the us supreme court seems quite happy to take cases with theoretical ( and fictitious! ) standing now.

the web designer who didn’t have a business, and a straight married couple - who had never even heard of her - cited as evidence she was being forced to support same sex marriage

unproven and unspecified “damages” by states used to overturn student loan forgiveness

the current undecided tax case, where the plaintiffs say they aren’t the business’s owners when it’s obvious they are

it’s the wild west up there right now. anything goes


In addition to all the usual scams, I’d be worried that this one is a honeypot since everyone who donates to it can be sued in Texas for $15K for helping a FEMALE escape.

Whether the intent of the organizer is good or not, that will certainly be one outcome.

I’m so sorry that Cox has to go through this.

I hope that she can sue Paxton personally for every cent he has and ever will have for the additional suffering caused by his threats against the doctors & hospitals who could have helped her when the courts would have allowed the procedure.