Texas abortion ban partially overturned, women with pregnancy complications can access care

Texas judge rules in favor of abortion rights, saying the state's ban is too restrictive and lacks exceptions for serious pregnancy complications.

A Texas judge has issued a ruling that could make it easier for women with serious pregnancy complications to get abortions in the state.

FILE - Abortion rights demonstrators attend a rally at the Texas state Capitol in Austin, Texas, May 14, 2022. A Texas judge ruled Friday, Aug. 4, 2023, the state’s abortion ban has proven too restrictive for women with serious pregnancy complications and must allow exceptions without doctors fearing the threat of criminal charges. The challenge is believed to be the first in the U.S. brought by women who have been denied abortions since the Supreme Court last year overturned Roe v. Wade, which for nearly 50 years had affirmed the constitutional right to an abortion. (AP Photo/Eric Gay, File)(AP)

The judge, Jessica Mangrum, said Friday that Texas’ law banning most abortions is too restrictive and does not allow enough exceptions for doctors to provide the standard of care for their patients.

She said doctors who perform abortions in such cases should not face the threat of criminal charges or fines.

The ruling is a significant victory for abortion rights advocates, who brought the lawsuit on behalf of women who were denied abortions in Texas after learning their babies had fatal anomalies.

The current lawsuit is the first of its kind in the U.S. since the Supreme Court overturned Roe v. Wade, the landmark decision that recognized the constitutional right to abortion.

(FILES) Center for Reproductive Rights attorneys Molly Duane (C) speaks during a press conference outside the Travis County Courthouse on July 19, 2023 in Austin, Texas. A court in Texas on August 4, issued a temporary order siding with a group of women and doctors who brought a lawsuit challenging the state's abortion bans. The case, which was filed by the Center for Reproductive Rights, argues that the way medical exceptions are defined in Texas' laws is confusing, stoking fear among doctors and causing a "health crisis." (Photo by SUZANNE CORDEIRO / AFP)(AFP)

“For the first time in a long time, I cried for joy when I heard the news,” said Amanda Zurawski, one of the plaintiffs.

“This is exactly why we did this. This is why we put ourselves through the pain and the trauma over and over again to share our experiences and the harms caused by these awful laws.”

The abortion lawsuit, filed in March, does not challenge the entire abortion ban in Texas, but only seeks to clarify when exceptions are allowed under the law, which is one of the most severe in the U.S. The law, which took effect in 2022, prohibits abortions in almost all cases and imposes life imprisonment and up to $100,000 in fines on doctors who perform them.

The state has argued that the law already provides exceptions for medical emergencies and fetal abnormalities, and that doctors have no reason to fear prosecution. The state is expected to appeal the ruling and try to block it from taking effect.

“It would be unconscionable for the State of Texas to appeal this ruling,” said Nancy Northup, President and CEO of the Center for Reproductive Rights, which helped bring the lawsuit.

“Today’s ruling should prevent other Texans from suffering the unthinkable trauma our plaintiffs endured.”

The ruling comes as a relief for some women in Texas, where all abortion clinics have closed down in the past year. During the trial, women testified about their ordeals of being unable to end their pregnancies in Texas and having to travel long distances to other states where abortion is still legal.

“This decision is a win for Texans with pregnancy complications, however, Texas is still denying the right to abortion care for the vast majority of those who seek it,” said Amy Hagstrom Miller, President and CEO of Whole Woman’s Health, which used to operate several abortion clinics in Texas.

The ruling also comes as a ray of hope for abortion rights supporters across the U.S., where many Republican-led states have enacted similar or even stricter laws to limit access to abortion.

According to a poll by The Associated Press-NORC Center for Public Affairs Research, most U.S. adults want abortion to be legal at least in the early stages of pregnancy, regardless of where they live.