Texas Supreme Court keeps abortion bans in place, allows lawsuit to continue

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The Texas Supreme Court will allow a lawsuit challenging the state's multiple abortion bans to continue, but refuses to temporarily block the ban in the meantime.

The lawsuit was filed last year by women whodue to the state's bans. Initially starting with five plaintiffs, the lawsuit now includes more than 20 women who say their care was impacted by the bans.

In the court opinion issued Friday, justices pushed back against the claims made by women in the suit. The Supreme Court also found that the trial court had overstepped by permitting abortions "for any 'unsafe' pregnancy." The court also wrote that the trial court's block of the bans as it relates to medical emergencies "departed from the law as written without constitutional justification," the majority opinion said.

However, the court opinion recognized that at least some of the women filing the suit had life-threatening conditions. "We conclude that the Attorney General directly threatened enforcement against Dr. Karsan in response to her stated intent to engage in what she contends is constitutionally protected activity. A state official's letter threatening enforcement of a specific law against a plaintiff seeking relief from such enforcement is a sufficient showing of a threat of enforcement to establish standing to sue," the court wrote in its opinion.

 

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