this post was submitted on 03 Jun 2024
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The Texas Supreme Court on Friday rejected a closely watched challenge to the state’s restrictive abortion ban, ruling against a group of women who had serious pregnancy complications and became the first in the U.S. to testify in court about being denied abortions since Roe v. Wade was overturned.

In a unanimous ruling, the all-Republican court upheld the Texas law that opponents say is too vague when it comes to when medically necessary exceptions are allowed. The same issue was at the center of a separate lawsuit brought last year by Kate Cox, a mother of two from Dallas, who sought court permission to obtain an abortion after her fetus developed a fatal condition during a pregnancy that resulted in multiple trips to an emergency room.

Abortion rights activists have struggled to stem the tide of restrictions that have taken effect in most Republican-led states since the U.S. Supreme Court in 2022 overturned Roe vs Wade, which for nearly 50 years had affirmed the constitutional right to an abortion. 

The court said the law’s exceptions, as written, are broad enough and that doctors would be misinterpreting the law if they declined to perform an abortion when the mother’s life is in danger.

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[–] [email protected] 109 points 5 months ago (5 children)

"Texas law permits a life-saving abortion,” the court wrote in the order signed by Justice Jane Bland.

Under the law in Texas, doctors who perform abortions risk life in prison, fines of up to $100,000 and revocation of their state medical licenses.

Hmmmm

[–] [email protected] 46 points 5 months ago (3 children)

It's hard for me to choose the more likely theory:

(1) That these judges are so deluded that they think this is reasonable; or (2) That these judges are making the argument that it's possible to get an abortion in bad faith because that means justifies the end of keeping a law on the books that prevents effectively all abortions.

[–] [email protected] 35 points 5 months ago

Stupid or malicious. I trend towards malicious these days. Too much info to be that stupid that often.

[–] QuaternionsRock 9 points 5 months ago

Or they’re interpreting the law as written without context so they can get home by lunch, just like every other originalist.

[–] samus12345 3 points 5 months ago* (last edited 5 months ago)

They think abortion is murder for religious reasons and are doing everything in their power to discourage them from happening.

[–] [email protected] 19 points 5 months ago

That's kinda the point - Texas permits a life-saving abortion, but is super vague as to what counts as "life-saving" and if it's not life-saving **enough ** then comes the extreme punishment.

[–] [email protected] 14 points 5 months ago* (last edited 5 months ago) (1 children)

Under the law in Texas, doctors who perform abortions risk life in prison, fines of up to $100,000 and revocation of their state medical licenses.

This is excessive. Way too much. Cruel and unusual punishment is against the US constitution.

Seriously, just consider the following from bad evil theocratic authoritarian Saudi Arabia:

Expat doctor, nurse arrested in Saudi Arabia over unsafe abortions

The Ministry of Health in Riyadh referred the two medical professionals to the public prosecutor, and they face imprisonment for up to six months and a fine of up to $26,000 (100,000 riyals).

[–] [email protected] 13 points 5 months ago

Holy shitsnacks does that ever put America's fascist back-slide in focus.

[–] [email protected] 14 points 5 months ago (1 children)

The doctor has to do it just right. Otherwise straight to jail - Texas Supreme Court, probably

[–] [email protected] 4 points 5 months ago (1 children)

If they mess up the game Operation buzzer goes off and state troopers immediately bust in.

[–] [email protected] 4 points 5 months ago (1 children)

Unless they suspect there is any sort of danger inside. In which case they mill around outside the OR and prevent anyone else from entering.

[–] [email protected] 3 points 5 months ago

I would joke that they'd arrest the patient too, but...

[–] [email protected] 10 points 5 months ago

It permits it then almost immediately punishes the Dr who saved a life. Just conservative things