The Daily Populous Monday October 7th, 2024 evening edition
Authored by apnews.com and submitted by Davis_Birdsong

WASHINGTON (AP) — The Supreme Court on Monday let stand a decision barring emergency abortions that violate the law in Texas, which has one of the country’s strictest abortion bans.

The justices did not detail their reasoning for keeping in place a lower court order that said hospitals cannot be required to provide pregnancy terminations if they would break Texas law. There were no publicly noted dissents.

The decision comes weeks before a presidential election where abortion has been a key issue after the high court’s 2022 decision overturning the nationwide right to abortion.

The state’s strict abortion ban has been a centerpiece of Democratic U.S. Rep. Colin Allred ’s challenge against Republican U.S. Sen. Ted Cuz for his seat.

At a campaign event over the weekend in Fort Worth, Texas, hundreds of Allred’s supporters broke out in raucous applause when he vowed to protect a woman’s right to an abortion. “When I’m in the Senate, we’re going to restore Roe v. Wade,” Allred said.

At a separate event the same day, in a nearby suburb, Cruz outlined a litany of criticisms against Allred, but didn’t bring up the abortion law.

The justices rebuffed a Biden administration push to throw out the lower court order. The administration argues that under federal law hospitals must perform abortions if needed in cases where a pregnant patient’s health or life is at serious risk, even in states where it’s banned.

Complaints of pregnant women in medical distress being turned away from emergency rooms in Texas and elsewhere have spiked as hospitals grapple with whether standard care could violate strict state laws against abortion.

The administration pointed to the Supreme Court’s action in a similar case from Idaho earlier this year in which the justices narrowly allowed emergency abortions to resume while a lawsuit continues.

Texas, on the other hand, asked the justices to leave the order in place. Texas said its case is different from Idaho because Texas does have an exception for cases with serious risks to the health of a pregnant patient. At the time the Idaho case began, the state had an exception for the life of a woman but not her health.

Texas pointed to a state supreme court ruling that said doctors do not have to wait until a woman’s life is in immediate danger to provide an abortion legally.

Doctors, though, have said the Texas law is dangerously vague, and a medical board has refused to list all the conditions that qualify for an exception.

Pregnancy terminations have long been part of medical treatment for patients with serious complications, as way to to prevent sepsis, organ failure and other major problems. But in Texas and other states with strict abortion bans, doctors and hospitals have said it is not clear whether those terminations could run afoul of abortion bans that carry the possibility of prison time.

Mary Ziegler, a law professor at the University of California at Davis who has written extensively about abortion, said that there remains much uncertainty for doctors in Texas.

“I think we’re going to continue to see physicians turning away patients, even patients who could qualify under the state’s exceptions because the consequences of guessing wrong are so severe and the laws are not that clear,” Ziegler said.

The Texas case started after the Supreme Court overturned Roe v. Wade in 2022, leading to abortion restrictions in many Republican-controlled states. The Biden administration issued guidance saying hospitals still needed to provide abortions in emergency situations under a health care law that requires most hospitals to treat any patients in medical distress.

Texas sued over that guidance, arguing that hospitals cannot be required to provide abortions that would violate its ban. Texas The 5th U.S. Circuit Court of Appeals sided with the state, ruling in January that the administration had overstepped its authority.

Stengle contributed to this report from Dallas and AP reporter Sean Murphy contributed to this report from Oklahoma City.

WallyMcBeetus on October 7th, 2024 at 14:08 UTC »

> Without detailing their reasoning

Maybe because those were in the form of "gifts"?

SeriousStrokes69 on October 7th, 2024 at 14:03 UTC »

Absolutely insane. It literally legalizes the state killing women.

Davis_Birdsong on October 7th, 2024 at 14:01 UTC »

WASHINGTON (AP) — The Supreme Court on Monday let stand a decision barring emergency abortions that violate the law in Texas, which has one of the country’s strictest abortion bans.

Without detailing their reasoning, the justices kept in place a lower court order that said hospitals cannot be required to provide pregnancy terminations that would violate Texas law.

The Biden administration had asked the justices to throw out the lower court order, arguing that hospitals have to perform abortions in emergency situations under federal law. The administration pointed to the Supreme Court’s action in a similar case from Idaho earlier this year in which the justices narrowly allowed emergency abortions to resume while a lawsuit continues.

The administration also cited a Texas Supreme Court ruling that said doctors do not have to wait until a woman’s life is in immediate danger to provide an abortion legally. The administration said it brings Texas in line with federal law and means the lower court ruling is not necessary.

Texas asked the justices to leave the order in place, saying the state Supreme Court ruling meant Texas law, unlike Idaho’s, does have an exception for the health of a pregnant patient and there’s no conflict between federal and state law.

Doctors have said the law remains dangerously vague after a medical board refused to specify exactly which conditions qualify for the exception.

There has been a spike in complaints that pregnant women in medical distress have been turned away from emergency rooms in Texas and elsewhere as hospitals grapple with whether standard care could violate strict laws against abortion.

Pregnancy terminations have long been part of medical treatment for patients with serious complications, as way to to prevent sepsis, organ failure and other major problems. But in Texas and other states with strict abortion bans, doctors and hospitals have said it is not clear whether those terminations could run afoul of abortion bans that carry the possibility of prison time.

The Texas case started after the Supreme Court overturned Roe v. Wade in 2022, leading to abortion restrictions in many Republican-controlled states. The Biden administration issued guidance saying hospitals still needed to provide abortions in emergency situations under a health care law that requires most hospitals to treat any patients in medical distress.

Texas sued over that guidance, arguing that hospitals cannot be required to provide abortions that would violate its ban. The 5th U.S. Circuit Court Appeals sided with the state, ruling in January that the administration had overstepped its authority.