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There is a medical exception when, in the exercise of reasonable medical judgment, the pregnant female has a life-threatening physical condition or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed. See Texas Health and Safety Code 170, 170A, and 171.
So what's a life threatening physical condition? Because the
potential for a life threatening condition isn't enough apparently. The woman has to get deathly ill and suffer before this can be triggered, with certainty at least.
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The prohibitions on abortion after 20 weeks do not apply to an unborn child that has a severe fetal abnormality. See THSC 171.
So why are we here then? Why did Paxton even send his letter if this is a clear exception that applies here?
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There is no law in Texas that provides for any liability or any form of punishment, civil or criminal, for a woman that receives an abortion. In fact, Texas law specifically shields a woman who has received an abortion from any liability under any of the abortion prohibitions.
For the time being.
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Based on the statements in the petition, Dr. Karsan believes in the exercise of her reasonable medical judgment Mrs. Cox applies for the medical exception. As such, she can legally perform Mrs. Cox's abortion at any time, without a court order.
Ok, then why are we having this debate then? Because Paxton has already threatened the doctor and the hospital with prosecution. So if the exception applies and there's no issue then why did Paxton feel the need to do that?
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Mrs. Cox is free to travel at any time outside of Texas to a state that allows abortion but has not done so.
People need to stop saying this. It's not always easy for pregnant women, let alone those with pregnancy complications, to travel. Sometimes it can be very hard and put her at greater health risk, especially with flying. Then there's the risk of miscarrying while in transit. Not coincidentally, it's almost always men who casually and smugly say this.
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Nobody is trying to force Mrs. Cox to give birth against the advice of her doctor.
Um, that's EXACTLY what people are doing. People want to force her to give birth because of the minuscule chance that the baby survives birth. Even if the baby suffers in agony for a few hours.
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If Dr. Karsan (or any other doctor) had just performed the abortion and complied with the reporting requirements, we would have never heard of Mrs. Cox.
Texas wants the law upheld and followed. Texas is upset that a judge refused to have an evidentiary hearing on the TRO and made a medical determination for which she was not qualified to make in the TRO without one.
None of this is true. No, Texas does not "mean well" in all this. Texas is mad that a woman is seeking an abortion. End of story. Texas thinks it has the right to make medical decisions for her.
The medical exceptions are unclear and so vague that they are nearly impossible to trigger. Doctors face risks of felony conviction, loss of medical license, and lawsuits if they make a decision that a prosecutor disagrees with. The baby is unviable. The effects on the mother in carrying the unviable pregnancy are less certain. We don't know if it will kill her or make her infertile. But there's a chance, which is why she wants the abortion. Texas is saying that's not good enough. She must be forced to carry the baby to term until and unless she's significantly sicker and near death.
No, this isn't a reasonable law. It's vaguely written such that the exceptions are almost unattainable.
We shouldn't be having this discussion. This is a private medical decision and the state has no right to butt its head into such discussions.
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If you take a fair and objective look at the facts, I don't know how any reasonable person can come to any conclusion other than this lawsuit is a political ploy.
So what if it's a political ploy? These situations are going to happen again, so we're going to need court interpretation of the laws. And really, these laws need fixing. You can't be upset that the state was taken to court over this. Such a cruel and extreme abortion ban is basically begging to be taken to court.
And maybe she's doing a good thing for the women and girls of Texas, hoping that her actions can prevent others from suffering from Texas's cruel laws.
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I understand people being upset with some of the stories of women who were not given an abortion until they were in sepsis. The law does not require that. At what point do we question the doctors making those decisions?
Yeah, it basically does.
But still, it shouldn't even be a question about how sick the mom has to get. If it's an unviable pregnancy, that's the end of the discussion. How she handles the pregnancy is her decision, not yours.
The fact is, any law that prevents a woman from terminating an unviable pregnancy is not about "protecting life." it's about controlling the mother. End of story.