Supreme Court Allow Texas Abortion Ban to Stay in Place Protecting Babies

In a huge victory for unborn children in Texas, the Supreme Court allowed a lower court ruling to stand, which lets the Texas abortion ban stay in place as is to continue protecting babies.

In the lower court ruling, the court rejected a challenge from pro-abortion groups that wanted to expand narrow exceptions in the law that allow abortions in cases needed to save the life of the mother. They wanted to make it a full health exception loophole that would allow abortion on demand.

Previously, the Texas Supreme Court unanimously rejected the request to water down the pro-life law.

“Texas law permits a life-saving abortion,” the court wrote in the order signed by Justice Jane Bland. “The law permits a physician to intervene to address a woman’s life-threatening physical condition before death or serious physical impairment are imminent” if the physician exercises reasonable medical judgment.

“‘Reasonable medical judgment,’ we held, ‘does not mean that every doctor would reach the same conclusion.’ Rather, in an enforcement action under the Human Life Protection Act, the burden is the State’s to prove that no reasonable physician would have concluded that the mother had a life-threatening physical condition that placed her at risk of death or of substantial impairment of a major bodily function unless the abortion was performed.”

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The Supreme Court pointed out that Texas’ law allows abortions when a pregnancy endangers a mother’s life or risks substantial impairment of a major bodily function (such as fertility) in a doctor’s reasonable medical judgment, an objective standard.

Previously, a leading pro-life group hailed the decision in comments to LifeNews:

“The Texas Supreme Court has ruled that Texas law is clear in protecting the life of unborn children and their mothers. Under the state’s pro-life protections, and all pro-life laws, doctors can provide pregnant women who experience an emergency with the proper care. We know doctors by-and-large understand they can rely on their reasonable medical judgment based on data showing abortions under the state’s ‘life of the mother’ exception have continued post-Dobbs; and we are grateful the Texas Medical Board is taking steps to educate doctors and the public,” said Marjorie Dannenfelser, president of SBA Pro-Life America.

“What happened to Amanda Zurawski was completely wrong. No woman should suffer and almost lose her life when the law is clear that doctors can—and should—intervene to prevent further harm. Doctors and hospitals that refuse to provide women with lifesaving treatment are not abiding by their Hippocratic oath and they should be held accountable.

“Joe Biden and Kamala Harris are putting lives in danger by spreading misinformation on pregnant women’s ability to receive emergency care. The abortion lobby has created confusion on this fact to give the Democrats cover for their extremely unpopular all-trimester abortion agenda. Despite this very clear decision from the Texas Supreme Court, Biden and Harris will continue to capitalize on tragedy and spread lies at the expense of women’s lives.”

The Charlotte Lozier Institute filed an amicus brief in support of Texas’ pro-life laws outlining the longstanding application of the reasonable medical judgment standard across various areas of medicine in state and federal law. Both CLI and SBA submitted written and verbal comments to the Texas Medical Board as it promulgates rules to educate the medical profession and ensure that Texas laws are understood and followed.

The lawsuit was brought by the Center for Reproductive Rights on behalf of 13 women and two Texas doctors. These women believe they qualified for a medically necessary abortion, but were denied or never offered one, and the doctors claim they are confused or hindered from providing proper care due to the state’s Pro-Life laws.

Those who are bringing the lawsuit are seeking a temporary injunction from the judge to “clarify” the medical exemptions in the Texas abortion ban.

Jessica Mangrum issued a ruling siding with the abortion activists. She wrote she agreed the women were “delayed or denied access to abortion care because of the widespread uncertainty regarding physicians’ level of discretion under the medical exception to Texas’s abortion bans.” She ordered that abortionists not be prosecuted for doing abortions “in good faith” that they think qualify under the exceptions.

Her temporary injunction significantly altered the Texas abortion ban — essentially rewriting the law so doctors themselves can determine what counts as a medical emergency, including when a prenatal diagnosis claims the unborn baby is disabled.

But the state high court ruling fully overturns that decision.

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