The court ruled against 20 women who said they were denied medically necessary abortions, saying the medical exceptions in the law were broad enough.
The Texas Supreme Court overturned that ruling Friday, saying it “departed from the law as written without constitutional justification.” While the opinion was unanimous, JusticeZurawski v. Texas was a pioneering case in post-Roe America, the first challenge to a state’s abortion bans on behalf of women with complicated pregnancies.
At a press conference outside the state capitol announcing the lawsuit, Zurawski said she was fighting for all Texans who are “scared and outraged at the thought of being pregnant.” She returned home a few days later mired in a confusing mix of grief and anger, and a few months later, signed onto the lawsuit with the hope that no one would ever have to undergo that experience again.
At that hearing, assistant attorney general Beth Klusmann said the Texas Legislature had set a high bar for when a patient might qualify for an abortion, “but there is nothing unconstitutional in their decision to do so.” Justice, said he believed the injunction the plaintiffs were requesting “could open the door far more widely” for people seeking abortions.
Paxton appealed that ruling to the Texas Supreme Court, which put it on hold. He also sent letters to Houston area hospitals threatening them with legal action if they allowed Dr. Damla Karsan, Cox’s OB/GYN, to perform an abortion at their facility.court deliberated, Cox’s condition deteriorated to the point that she needed to travel out-of-state to get an abortion, her lawyers said.
The trial court ruled in the injunction that a doctor should be allowed to perform an abortion when they deemed it necessary in their “good faith judgment.” Friday’s ruling found the trial judge overstepped, and said the way the law is written — allowing abortions based on a doctor’s “reasonable medical judgment” — is clear enough.
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