This lawsuit is noble. But these abortion bans are beyond repair.
, which outlaws all abortions from the moment of fertilization that do not qualify under the medical emergency exception.The plaintiffs in the suit, who are represented by the Center for Reproductive Rights, argue that the Texas laws are riddled with inconsistencies and ambiguities. They stress that Texas has sent contradictory messages about which emergent conditions are serious enough to qualify under the law.
“being forced to wait until they are clearly hemorrhaging or showing active signs of infection before they will be offered abortions.”Make no mistake about it: Texas’s law has unique problems. The state’s conservative lawmakers kept the pre-Roe criminal ban passed in 1925; to circumvent, they passed SB8. In 2021, after Donald Trump reshaped the Supreme Court, they passed a trigger law. Inconsistencies crept in, and the result is a mess that frightens off doctors from addressing real emergencies.
But the problems with Texas’s exceptions are broader, and they tell a story about why abortion exceptions as a general matter fail to protect patients. From the time of previous eras’ abortion bans, exceptions were tailored more to prevent free access to the procedure than to address real problems in pregnancy, and state abortion laws today are no exception.
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