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Temporary Order Lifts Abortion Ban in Texas for Medical Emergencies: Group of Women and Doctors Challenge

After the repeal of the constitutional right to abortion in June 2022, the State of Texas issued this Friday August 4 a temporary order lifting the ban on abortion in the event of a medical emergency. This follows a challenge from a group of women and doctors.

The state of Texas is temporarily reversing the abortion ban. After the cancellation of the Roe vs. Wade decision dating from 1973, which thus left the representatives of each State free to define the policy relating to abortion in their jurisdiction, many disputes had erupted in the United States. Some states, like Texas, had notably made abortion prohibited in the majority of cases.

This Friday, August 4, a Texas court issued a temporary order in favor of a group of women and doctors challenging abortion bans on the grounds of medical emergency.

The Center for Reproductive Rights had said medical exceptions defined in Texas laws were confusing to doctors. In her ruling, Judge Jessica Mangrum acknowledged that women have been “delayed or deprived of access to abortion due to widespread uncertainty about doctors’ leeway in the context of abortion. ‘Medical Exception to the Texas Abortion Ban’.

Thus, she ordered that the doctors not be prosecuted after exercising their “good faith judgment”. Finally, doctors should be allowed to determine for themselves what they consider to be medical emergencies likely to endanger “the life and / or health of a woman”, continued the judge.

This temporary injunction is expected to last until the legal action is decided in a trial which is expected to be held next March. However, under Texas law, a decision is stayed as soon as it is appealed, meaning the injunction issued Friday will most likely be blocked as soon as the state appeals.

2023-08-05 07:50:16


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