(The Texas Tribune) – A Texas judge on Friday issued a temporary exemption to the state’s abortion ban that would allow women with complicated pregnancies to obtain the procedure and keep doctors free from prosecution if they determined the fetus would not survive after birth.
But hours later, the attorney general’s office filed an appeal with the Texas Supreme Court, blocking the judge’s order from taking effect.
State District Court Judge Jessica Mangrum of Austin wrote that the attorney general cannot prosecute doctors who, in their “good faith judgment,” terminate a complicated pregnancy. Mangrum outlined those conditions as a pregnancy that presents a risk of infection; a fetal condition in which the fetus will not survive after birth; or when the pregnant person has a condition that requires regular, invasive treatment.
Last month, the court heard from three women who testified against Texas’ abortion ban, describing how delayed medical care impacted their pregnancies. The women are suing the state over the law, seeking to clarify when a medical emergency justifies an abortion. Currently, the law allows termination of a pregnancy if the mother’s life is in danger.