Bench Memos

Law & the Courts

Unanimous Texas Supreme Court Upholds Texas Abortion Law

In a ruling today (in Texas v. Zurawski), the Texas supreme court unanimously upheld Texas’s abortion law against the claim that the law’s exception for a life-threatening condition is too narrow to satisfy the state constitution. Here is a summary paragraph from Justice Jane M. Bland’s opinion for the court (emphasis added):

Under the Human Life Protection Act, a woman with a life-threatening physical condition and her physician have the legal authority to proceed with an abortion to save the woman’s life or major bodily function, in the exercise of reasonable medical judgment and with the woman’s informed consent. As our Court recently held, the law does not require that a woman’s death be imminent or that she first suffer physical impairment. Rather, Texas law permits a physician to address the risk that a life-threatening condition poses before a woman suffers the consequences of that risk. A physician who tells a patient, “Your life is threatened by a complication that has arisen during your pregnancy, and you may die, or there is a serious risk you will suffer substantial physical impairment unless an abortion is performed,” and in the same breath states “but the law won’t allow me to provide an abortion in these circumstances” is simply wrong in that legal assessment.

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