I know there were some people who wanted her to fight it out in court, but Coat Hanger Ken Paxton and the Texas Supreme Cowards were hoping she’d die, so I’m glad she did the right thing for her and her family.
Of course, I’m sure Paxton will order her arrest. >:(
The lawyers can still do that. That she does what’s best for her is the best action she could take. Nobody should expect her to take on extra hardship just to fight the case for others.
That someone picks up and helps her with the case, and that they’re able to convince the court to not drop it as no longer needed is what we can hope for.
I applaud her for trying at all instead of leaving right away.
They updated the headline Monday night.
Ruling: https://www.txcourts.gov/media/1457645/230994pc.pdf
The TX court ruled the only way the exception applies is if the Doctor takes the action and then rolls the dice that they will not be overruled. They parsed all the language so twisted to achieve this.
What they have assured is an even faster fleeing of all OB care out of TX. A situation that will continue for years even if this eventually changes. I expect worse and worse OB care in TX.
The way I understand the law is that the exceptions are written to apply when the life of the mother is substantially at risk from continuing the pregnancy, not merely her health or continued fertility.
It is a sh*t law and the forced-birth GQPers who passed it and crow about it need to be held to account. At the ballot box and elsewhere. It is the legislative branch that bears the blame though.
No. The law is written to read to lay people that way. But an attorney, particularly an attorney who works for a hospital, and doctors, understand that what the law is really saying is they can never prove the patient’s condition fell within the exceptions unless the patient died. I am a lawyer. Even as a lawyer who practices very far from the healthcare sphere, I see this.
It is a law very specifically designed to make doctors and hospitals fear offering any abortion under any circumstances except the absolute most dire. As in the woman is crashing, sepsis has taken roots, it’s an abortion or die in the next 20 minutes. By which time it is most often too late.
If her condition was so dire and the pregnant person dies, then it means her condition was enough to qualify for an exception. If she is saved, she lives, her condition was not serious enough to qualify for the exception.
And this leaves doctors unable to provide adequate care.
Any other hell condition? Any of them! A doctor is not expected to wait until the person’s life is an imminent danger for treatment. They would never be expected to wait until the gun shot victim had no blood pressure from blood loss before being able to offer a transfusion.
It is a law designed to look reasonable, but in reality results in the deaths of pregnant people
ETA: Katie Cox and her pregnancy fell within the exception because her doctors reasonably believed that if she did not receive an abortion, her life was in danger. But because her life was not in danger right that second, Paxton and the Texas supreme Court do not think it is good enough.
Pregnancy is dangerous. Continuing to the birth of a fetus that cannot live means risking the pregnant persons life.
As a doctor, that’s how it reads as well. It doesn’t matter what the situation is, if the patient lives, you are at risk for prosecution. This was very, very intentional.
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