#abortions

libramoon@diaspora.glasswings.com

https://www.commondreams.org/news/5th-circuit-texas-abortion

'Deeply Disturbing': Federal #Court Rules #Texas Can Ban Emergency #Abortions
JAKE JOHNSON
Jan 03, 2024

..."The conservative-dominated 5th Circuit Court of Appeals ruled late Tuesday that Texas #hospitals and #physicians are not required by federal law to perform abortions under emergency circumstances.

The 25-page decision stems from a legal challenge that Texas filed in response to guidance issued in July 2022 by the U.S. Health and Human Services Department. The guidance states that the Emergency Medical Treatment and Active Labor Act (EMTALA) "protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations."

"If a state law prohibits abortion and does not include an exception for the health or life of the pregnant person—or draws the exception more narrowly than EMTALA's emergency medical condition definition—that state law is preempted," reads the guidance, which was published shortly after the U.S. Supreme Court struck down Roe v. Wade.

Texas sued the federal government days after the guidance was released, arguing that the Biden administration was attempting to "compel healthcare providers to perform abortions." In August 2022, a federal judge blocked the guidance from taking effect in Texas, where state law allows private individuals to sue abortion providers and those who help people obtain abortions.

On Tuesday, a three-judge panel of the 5th Circuit—including two appointees of former President Donald Trump—affirmed the judge's decision. The U.S. Justice Department can appeal the ruling.
...
"We're seeing far-right judges working to deny women emergency abortion care even when their lives are in danger," said Murray, a lead sponsor of the Women's Health Protection Act. "Every American should be outraged at the never-ending crusade by Republicans to force women to stay pregnant no matter what—the bottom line is that we need a pro-choice majority in Congress that will restore Roe and every woman's right to abortion and stop politicians from interfering in private health care decisions that should be made by women and their doctors."

libramoon@diaspora.glasswings.com

https://www.vice.com/en/article/5d9y35/texas-women-testify-state-abortion-ban

‘No Mercy’: Women Denied #Abortions Testify, Cry, and Vomit in Texas Court
Carter Sherman

..."Casiano is one of 15 Texan women who were denied abortions and who have sued the state, arguing that they should have been allowed to have abortions under Texas’ overlapping bans, which permit people to get the procedure in medical emergencies. Some of these women, who live in communities across Texas, are mothers already, while others are desperate to have children. All have been devastated by their pregnancy losses.

Their case is believed to be the first lawsuit of its kind to be filed in the wake of the overturning of Roe v. Wade last year. Wednesday also marked the first time since Roe’s overturning that women denied abortions have testified in court against an abortion ban, according to the Center for Reproductive Rights, which is representing the women.

The women are hoping for a ruling that would explain, exactly, when people in medical emergencies should be able to get abortions in Texas, but the case could also have implications that stretch far beyond the state’s borders. Texas is one of at least 14 states that have banned almost all abortions, but these states’ bans technically allow people to get abortions in medical emergencies. However, doctors across the country have repeatedly said that these exceptions are vague and contradictory, leading them to ignore their medical judgment and watch as patients get sick enough to qualify for abortions.
...

Brandt said that she no longer feels safe getting pregnant in Texas. After their ordeal, she said, her husband got a vasectomy. They gave up their dream of raising three children.

Casiano, who returned to the stand after she threw up, was the third and final patient to share her story on the stand on Wednesday. A 29-year-old mother of four, Casiano learned that her fetus also had anencephaly. She wanted to get an abortion and release her baby to heaven, as she put it in court. But she didn’t have the money or resources to travel out of state, so she and her family started to prepare, instead, to bury her baby—a girl who they named Halo, “because she’s always going to be above us,” Casiano said.

They tried to raise money by selling soup, among other things.

After she gave birth, Casiano recalled, she had to watch her daughter struggle and gasp for air. As she testified, Casiano rocked back and forth as well as looked up and away, as if reliving the memory. She recalled watching her baby turn from pink to blue, from warm to cold, as she died over the course of four hours.

“I kept telling my baby, ‘I’m so sorry this had to happen to you,’” Casiano said. “There was no mercy for her and I couldn’t do anything.”...

tpq1980@iviv.hu