Women in Texas with complicated pregnancies are exempted from a state abortion ban under a temporary injunction issued on Friday (Aug 4), with the judge citing a lack of clarity on the ban's medical exemptions.
Travis County District Court Judge Jessica Mangrum in her ruling sided with women and doctors who sued Texas over the abortion ban.
"The court finds that there is uncertainty regarding whether the medical exception to Texas' abortion bans… permits a physician to provide abortion care where, in the physician's good faith judgement and in consultation with the pregnant person, a pregnant person has a physical emergent medical condition," Mangrum said in the ruling.
The Texas Attorney General's Office said Saturday it had filed a notice of an accelerated appeal directly to the Texas Supreme Court. The office said the filing stays the ruling pending a decision by the Texas Supreme Court.
The judge ruled that doctors cannot be prosecuted for application of "good faith judgement" for provision of abortions for physical medical conditions including: those that pose infection risk or make pregnancy unsafe, where the foetus is not likely to survive the pregnancy after birth, and where a medical condition cannot be effectively treated during pregnancy or requires "recurrent pervasive intervention."
"Today's ruling alleviates months of confusion around what conditions qualify as medical emergencies under Texas' abortion bans, giving doctors permission to use their own medical judgement in determining when abortion care is needed," the Centre for Reproductive Rights, the group that brought this lawsuit, said.
The Centre for Reproductive Rights did not immediately comment on whether it agreed that the Texas attorney general's filing put the ruling on hold.
Several women who said they were denied abortions despite grave risk to their lives sued the state of Texas in March, in the first apparent case of pregnant women suing over curbs imposed after the US Supreme Court overturned Roe v. Wade in June 2022.
Abortion was banned with very limited exceptions in Texas.
The US Supreme Court last year stripped away national abortion rights. State legislatures are wrestling with how much to restrict or expand abortion access after that decision.
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