The Texas Supreme Court has placed an administrative stay on the enforcement of state strict abortion bans on a pregnant woman whose fetus was recently diagnosed with a fatal condition. The stay was imposed on a lower court’s temporary restraining order (TRO), which was initially barring the enforcement of the abortion bans, pending further review and without comment on the merits of the case. This legal move comes after Texas Attorney General Ken Paxton petitioned for a Writ of Mandamus in response to the TRO, contesting that the trial court acted irrationally by asserting that the plaintiff’s condition qualifies the narrow medical emergency exception detailed in the abortion ban.
The medical emergency exception in the abortion law of Texas allows for an abortion if the pregnant woman faces a life-threatening physical condition that emanates from the pregnancy, and puts her at the risk of death or impairs a major bodily function. Furthermore, the abortion should be carried out in a manner providing the best survival opportunity for the unborn, unless that method increases the risk to the woman’s life or causes substantial impairment of a major bodily function.
Interestingly, this case also sparks petinent conversation on the strict abortion laws currently enforced in Texas. The plaintiff standing against these laws is Kate Cox, who discovered that her fetus had a highly fatal chromosomal disorder known as Trisomy 18. Cox was denied access to abortion facilities despite multiple physicians affirming that continuing her pregnancy could threaten her life and future fertility.
Following the imposition of the TRO, Paxton sent a letter to the plaintiff’s hospital, cautioning against violation of Texas abortion laws, stating that the TRO will not protect hospitals, doctors, or others from civil and criminal liabilities. As per state legislation, performing an abortion is a felony triable with life imprisonment, unless the patient qualifies under a constricted set of exceptions.
This is not the first time that the Texas Supreme Court is deliberating on an abortion-related case. Just last month, the court heard oral arguments against a case challenging abortion bans in the instance of medical emergencies.