In a landmark ruling, a Texan court allowed a woman to terminate her pregnancy, despite the strict prohibition in the US state. However, the Attorney General responded with threats.
In a significant case on abortion rights in Texas, a court allowed a woman to terminate her pregnancy. The pregnant woman had sued against the restrictive abortion ban in the US state and was granted the right on Thursday before a court in Austin.
According to US media reports, the 31-year-old’s child is not expected to survive until birth or shortly thereafter. Without termination, there is also a risk of complications in future pregnancies and a general health risk for the woman.
Termination was denied to her due to the extensive abortion ban in Texas. The court issued a temporary injunction and allowed the abortion.
Texan woman sued for emergency termination
The ruling in Texas is of great importance as it is reportedly the first publicly known case of a woman successfully suing for emergency termination since the end of the nationwide right to abortion. The US Supreme Court overturned the right to abortion in the country that had been in place since 1973 a year and a half ago. Now, the authority over legislation lies with the states, creating a legal patchwork.
Attorney General already threatens the physicians
In Texas, governed by Republicans, the regulations are particularly strict. Abortion is prohibited in almost all cases – except when the mother’s life is in danger. However, critics argue that the exceptions are so vaguely formulated that doctors often refrain from performing abortions out of fear of lawsuits.
It is expected that Texas will appeal the decision. The Attorney General of the state, Ken Paxton, has already threatened the physicians who may perform an abortion. “The temporary injunction does not protect you or other persons from civil and criminal liability,” he wrote.
Judge expresses outrage
The judge, on the other hand, expressed her clear displeasure when she announced her decision on Thursday. “Now, a patient must be on the brink of death before a doctor can invoke the exception. This stance is not only cruel and dangerous, but also violates the Texan constitution, medical ethics, and the laws themselves,” US media quoted the judge Maya Guerra Gamble, a Democrat, as saying.
The idea that the plaintiff would want to be a mother again, but the laws in Texas could potentially cause her to lose that ability, is “shocking and would be a true miscarriage of justice,” she added.