Texas was sued by a group of women with high-risk pregnancies who claim the state’s sweeping abortion ban denies them potentially life-saving medical care.
After the US Supreme Court overturned Roe v. Wade last year, Texas prohibited abortions, except in cases where a woman’s life is in jeopardy or there is a risk of “substantial impairment of a major bodily function.” But the lawsuit filed Monday night claims doctors often refuse to perform abortions under any circumstance for fear of being second-guessed and subject to career-destroying penalties.
“Abortion bans are hindering or delaying necessary obstetrical care,” the lawsuit states. “And, contrary to their stated purpose of furthering life, the bans are exposing pregnant people to risks of death, injury, and illness.”
The five women behind the lawsuit are all Texas residents who say they were thrilled to be pregnant but subsequently learned that their fetuses would not survive outside the womb. They describe being turned away from doctors’ offices in the state and being forced to travel out of state for abortions, despite risks to their own health from delaying care.
One woman said she became septic after being denied care, and one of her fallopian tubes permanently closed as a result. Two were pregnant with twins, one of which was non-viable, and had to travel out of state to have abortion that would save the life of their healthy fetuses. All described frustrating visits to doctors offices in Texas where medical staff would not speak directly about their options or answer questions about the possibility of an abortion being necessary.
{{/usCountry}}One woman said she became septic after being denied care, and one of her fallopian tubes permanently closed as a result. Two were pregnant with twins, one of which was non-viable, and had to travel out of state to have abortion that would save the life of their healthy fetuses. All described frustrating visits to doctors offices in Texas where medical staff would not speak directly about their options or answer questions about the possibility of an abortion being necessary.
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Performing an illegal abortion is a first-degree felony under Texas law. Doctors would also face fines of at least $100,000 and could have their medical license revoked. They could also be subject to civil lawsuits under a state law known as Senate Bill 8, which allows any individual to sue someone for aiding and abetting an illegal abortion. Successful litigants can claim $10,000 or more in damages.
The lawsuit, filed by the Center for Reproductive Rights, seeks to clarify the scope of those laws and asks a state judge in Texas to affirm that there are exceptions to the ban. It names Texas Attorney General Ken Paxton, the Texas Medical Board and its Executive Director Stephen Carlton.
The Texas attorney general’s office and the Texas Medical Board did not immediately return requests seeking comment on the suit.
The case is Zurawski v. Texas, 23-000968, Texas District Court, County of Travis.