After testimony from three women last month, detailing how the abortion ban delayed medically necessary care, a state district court judge issued a temporary exemption to Texas’ abortion ban in cases where the fetus is unlikely to survive. MORE:
A Texas judge on Friday issued a temporary exemption to the state’s abortion ban that would allow women with complicated pregnancies to obtain the procedure and keep their doctors free from prosecution if they determined the fetus will not survive after birth.
State District Court Judge Jessica Mangrum of Austin, wrote that the state’s attorney general cannot prosecute doctors who, in their "good faith judgment", terminate a complicated pregnancy. Mangrum outlined those conditions as a pregnancy that presents a risk of infection; a fetal condition in which the fetus will not survive after birth; or when the pregnant person has a condition that requires regular, invasive treatment.
A group of women who sued the state of Texas over SB 8, the controversial law that bans abortions once a fetus' heartbeat is detected, testified in an Austin courtroom Wednesday., describing how the delayed medical care impacted their pregnancies. The women are suing the state over the law, seeking to clarify when a medical emergency justifies an abortion. Currently, the law allows termination of a pregnancy if the mother’s life is in danger.
Though the state is expected to appeal, the temporary injunction will stand until the lawsuit against Texas is complete, except if a higher court intervenes. The ruling suggests patients with complicated pregnancies can seek abortions in the state without prosecuting those who aid and perform the procedure. A trial to determine the issue, clarifying when a medical emergency justifies an abortion, has been scheduled on March 25.
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