On March 6, the pro-abortion Center for Reproductive Rights filed a lawsuit on behalf of seven plaintiffs against the state of Texas over its abortion law. The plaintiffs, five patients and two doctors, allege that the law, which outlaws intentionally ending human life in the womb but allows for medical intervention in cases of pregnancy complications that put the mother at risk of death or substantial impairment of a major bodily system, places patients at risk through lack of clarity. Plaintiffs Amanda Zurawksi, Lauren Miller, Lauren Hall, Anna Zargarian, and Ashley Brandt claim that they suffered serious pregnancy complications, which the Texas law exacerbated by forcing doctors to delay care due to its lack of clarity on when an abortion is permissible. Plaintiffs Dr. Damla Karsan and Dr. Judy Levison allege that the law’s lack of clarity and severe penalties for physicians who are found to violate it disincentivize them from treating patients with pregnancy complications. The lawsuit seeks to obligate the state of Texas to provide clear guidance to physicians on when they can and cannot perform abortions.
AAPLOG has issued a statement on this lawsuit, which can be read on our website. We want state abortion laws to ensure that pregnant and preborn patients both receive the best possible healthcare. If the language of any state abortion law is unclear or not conducive to offering high quality healthcare, we will advocate for constructive changes in those laws. However, this is not the case with the Texas law which very clearly defines what is and is not an abortion. Any confusion around care that can legally be provided is not the fault of the law itself but rather a combination of misinterpretation of the law and a lack of communication to practicing physicians by hospital systems and medical societies. Physicians should rest assured that they will continue to be able to offer excellent healthcare to their pregnant patients, including intervening in a potentially life-threatening situations, just as prolife physicians such as our Texas members, have always done. AAPLOG has written several documents offering guidance to physicians on when such an intervention is indicated. Dr. Jeffrey Wright’s “What is Not an Abortion?”, published in Issues in Law & Medicine, gives an excellent framework that state and hospital legal offices as well as hospital administrators can use when advising their physicians what is allowable under laws that regulate abortion. In addition, Practice Bulletin 10 and Committee Opinion 10 explain how to ethically conclude pregnancy and how state abortion restrictions impact obstetric care, respectively.
