Legal Hurdles in Texas’ Abortion Ban: An Attorney’s Fight
An Austin-based civil rights attorney, Austin Kaplan, has faced a challenging battle against Texas’ abortion bans, finding that state courts offer no remaining legal avenues to contest these restrictions. Representing Texas resident Kate Cox, Kaplan fought for her right to an emergency abortion when her non-viable fetus posed a risk to her health and future fertility.
The Texas Supreme Court, dominated by Republicans, ruled that Cox did not have a “life threatening condition” that put her “at risk of death” or “substantial impairment of a major bodily function,” forcing her to seek an abortion out of state.
Kaplan has also been involved in challenging the 2021 “bounty” abortion law, known as the Texas Heartbeat Act (SB 8). This law allows anyone in the country to sue anyone in Texas for $10,000 for aiding and abetting an abortion, a measure upheld by the state Supreme Court despite being ruled “unconstitutional” by two Texas courts.
Following the U.S. Supreme Court’s decision to overturn Roe v. Wade, Kaplan remarked, Texans “no longer have a constitutional right to choice, to reproductive freedom.” He emphasized the need for legislative action, as the Texas Legislature, which convened on January 14, continues to consider more restrictive measures.
Republican lawmakers have introduced bills to further limit abortion medication, including mifepristone and misoprostol, essential for both abortion and post-childbirth care. “The only option is to go to the ballot box,” Kaplan urged, as Texas lacks a statewide citizen-led ballot initiative to amend the state constitution as other states have done.
Impact on Women’s Health
Since the implementation of SB 8 and the state’s post-Roe abortion ban, at least three young women have died in Texas hospitals due to complications from miscarriages. Additionally, two others nearly died from delayed treatment for ectopic pregnancies, resulting in impaired fertility.
Kaplan and the Center for Reproductive Rights filed a lawsuit representing 20 women harmed by Texas’ restrictive abortion laws. In Zurawski v. Texas, the plaintiffs sought clarification on medical exceptions under the ban to prevent life-threatening risks to women.
Amanda Zurawski, the lead plaintiff, nearly died from sepsis after her water broke at 18 weeks. She was forced to wait for treatment until her health drastically deteriorated. The infection left her unable to carry future pregnancies.
Samantha Casiano, another plaintiff, was financially unable to leave Texas for an abortion despite her fetus having a fatal condition, anencephaly. She was forced to carry the pregnancy to term and witnessed her baby struggle for hours before dying.
Doctors in a Climate of Fear
Doctors in Texas express fear and confusion over the abortion law’s lack of clarity and the severe penalties for violations, including up to 99 years in prison and significant fines. This environment has made medical professionals wary of providing necessary care.
Despite some legislative adjustments in 2023 allowing for certain exceptions, doctors still face potential charges. They are only offered an “affirmative defense” if they can demonstrate reasonable medical judgment.
Dr. Nancy Binford points out that the legal ambiguity and fear of prosecution prevent prompt care for miscarriages. This has resulted in unnecessary deaths, such as that of Portia Negumezi, who died from a miscarriage-related hemorrhage.
Legislative Challenges and Future Prospects
Republican lawmakers continue to push for restrictions despite a significant increase in maternal mortality rates. Proposed legislation aims to classify essential abortion medications as controlled substances, potentially endangering women’s lives during childbirth.
Though Lt. Governor Dan Patrick has suggested clarifying the law to protect doctors treating life-threatening conditions, Kaplan remains skeptical of significant legislative changes. He believes that the only solution is to vote out lawmakers who support these restrictive measures.
As Texas courts and lawmakers remain steadfast, Kaplan emphasizes the need for electoral change to protect women’s health and rights.
This article is based on information originally published by the Courier Texas.
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