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Texas Supreme Court rules against woman who sought abortion hours after she says she’ll travel out of state

https://www.nbcnews.com/news/us-news/texas-woman-sought-abortion-court-order-leave-state-rcna129087

A state district judge granted the request Thursday, but the Texas Supreme Court directed the lower court to vacate its order on Monday.

Texas Supreme Court rules against woman who sought abortion hours after she says she’ll travel out of state

A state district judge granted the request Thursday, but the Texas Supreme Court directed the lower court to vacate its order on Monday.

30 comments

bloopernova

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Evil. If you vote republican you support this evil.

They are evil.

lennybird

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We've known this for years. Such people are either too stupid or scumbags. Speaking as a former Republican.

0110010001100010

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Or just brainwashed. Having grown up in a conservative, christian, home-school household I was told to vote R no matter what. I didn't really know any better until I got out into the "real world" and understood what a bullshit take that was.

I now vote "fuck the GQP" every chance I get. That included the recent ballot issues here in Ohio for abortion rights and legal marijuana.

I would also call myself agnostic from a religious perspective. Though I would lean more atheist if pressed.

lennybird

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Dude no shit? I grew up in a rural Appalachian Christian household, homeschooled. I also consider myself agnostic.

Several things influenced major changes in my household. While my parents marched in pro-life DC rallies and were somewhat religious, my dad was a hippie in his early years and anti-Vietnam, and my mom is truly a very empathetic person. After Bush invaded Iraq, that combined with what I consider the wild west of the internet helped break them out of the echo-chamber.

Ultimately we all flipped 180 to progressive Dems over the years.

Gamers_Mate

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Those fascists wont be able to do anything to stop it once She leaves the state.

OldWoodFrame

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I believe the Texas law allows citizens to sue anyone who helps her get the abortion, so conceivably an airline pilot or bus driver or a significant other who drives her, could be sued. They can't stop it after she leaves the state, but they can retaliate against anyone who helps her.

ChapulinColorado

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Sound like some Nazi shit.

Tyfud

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It sounds that way, because it is that way.

protist

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This stupid law has not been tested in court yet. It seems destined for the Supreme Court in the end, which I bet rules against it, because it's awarding damages to random people who have not been damaged

vrek

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It would be interesting if she used a major corporation. I know no non-public info but let's say she got a flight on American Airlines.

The Texas government suing American Airlines in a civil case(both parties have an army of lawyers and funds to defend themselves) over this would probably set legal precident.

I don't agree with the law, just stating that the resulting suit would be interesting to follow.

nobleshift

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"A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion," the court wrote in its decision, adding: "The law leaves to physicians — not judges — both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient."

So as I read it the SCOT either doesn't believe this applies to her (she meets the requirements) or it's a two step. Since I have -1 faith in Texas I'm going to choose to believe two step.

DrMorose

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I think they were just side stepping since they paused the lower courts ruling and then when they found out she left the state they dismissed their ruling as moot and then just went and overturned the lower courts. Pretty fucking spineless but they can still throw a supposed W and make themselves out to upholding values or some other BS talking point.

snooggums

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So is the court is throwing out the law or saying that the state doesn't get to question physicians, which would logically have the same result?

PlantJam

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both the discretion and responsibility

It's neither. They want the medical gridlock where physicians are afraid to perform abortions, all while keeping them technically legal.

BigWheelPowerBrakeSlider

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"A pregnant woman does not need a court order to have a life-saving abortion in Texas. Our ruling today does not block a life-saving abortion in this very case if a physician determines that one is needed under the appropriate legal standard, using reasonable medical judgment," it said in its decision.

Kimberly Mutcherson, a professor of law at Rutgers Law School, said that part of what the Texas Supreme Court judges had to consider was whether they wanted “to be in the business of having every single medical exemption case end up” in their hands.

As the people above me have said it's that the courts are not to be pre-determining the validity of every instance where an abortion is claimed to meet the statutory exemption, and the consequential effect is that no woman wants to proceed in state and no doctor will touch it both for fear of being charged criminally and/or sued civilly. Nobody wants to be a test case that can cause that person criminal prosecution, civil prosecution, legal expenses, loss of medical license, loss of ability to support themselves and their families, and god knows what vigilante actions from the lunatic holy rollers. It's a damned if you do and damned if you don't situation, especially with Paxton threatening to bring the full weight of the government of the State of Texas against you. All of which is just how the Republicans who passed this wanted. They only put the exemption in there to make the law give the appearance of giving a shit about the mother's health.

CmdrShepard

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The court is saying they don't want to be involved and that the law 'allows for abortions in cases of medical emergency.' The problem is the state is separately saying that they'll prosecute her for trying to get an abortion in the state. Basically Texas is trying to have it both ways where the state courts claim she is already entitled to have an abortion so there is no legal dispute, while the state is saying she'll be prosecuted for having an abortion.

ElBarto

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Wait, so it's fine to forcibly risk the life of the mother just because some pedo in a robe said sky daddy says it's wrong.... I'm getting this right ay?

EmpathicVagrant

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There’s instructions in their little book on how to perform one, so it’s even more arbitrary than that.

Kid_Thunder

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Republicans are trying real hard to lose more seats across the country I see.

wagesj45

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And failing for as hard as they're trying. They may lose a few seats here and there, but not in the numbers they "should" because the Dems can't help but fumble the ball. You can decide for yourself whether that's purposeful or by accident. I can never make my mind up.

Shirasho

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I am convinced it is on purpose at this point.

Nurse_Robot

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I live in Colorado, I have my entire life. My sister just moved to Texas, and I'm seriously considering it because fuck dude, rent has quadrupled in under a decade, while pay hasn't come close. Every year I make more, but I can afford less, which is insane.

My dad tells me to move to Texas, because I shouldn't live somewhere for political reasons, and the cities are liberal, so I should just move to a city (I'm not even liberal, but being a left leaning centrist or anything that isn't hardcore conservative means liberal these days).

But I don't want to move to Texas.. it's humid, and people, especially women, have some of the least human rights afforded to them by living there. But what the fuck can I do? I got into nursing because I thought I would be able to afford a home and support a family, but I literally can't do that unless I move to a shit hole, and even then I can barely keep my head above water

andrewta

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Take a look at Minnesota. Cost of living isn't huge and we need nurses and medical professionals

wagesj45

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Don't get me wrong, I love it here in Minnesota. I consider it my adoptive home. But house prices are at least double what they are in my home state of Kentucky. Maybe 2.5 or approaching 3x. I suppose it is doable if you get a job, there is no chance my parents could sell their home there and move here to retire and get anything approaching the size and quality they have there.

GiddyGap

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Many people want to downsize when they retire. Maybe they could do that in MN?

wagesj45

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Not a bad idea, and I've been keeping an eye out. Unfortunately they have hobbies that require space, e.g. a fishing boat, a trailer camper, and a truck big enough to haul both. They'd be fine with a smaller living space, but it's hard to find a smaller house on enough land to park/store that stuff. Luckily I have many years before it will become necessary to have them close. :)

null_vector

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What makes you think you'll be able to afford a home and pay property taxes in Texas in one of those cities exactly?

Nurse_Robot

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What did I say that implied I could afford to live in a city? Why are you being a confrontational jerk, when my comment was about how healthcare workers can't afford to live in the US?

MisterFeeny

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It seems to be a direct response to your paragraph about your dad telling you to move to a city in Texas. I don't think they're trying to be confrontational, I think they're just saying those cities in Texas that you just said were recommended to you, are also expensive.

adhdplantdev

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I think the best case scenario is to look around in the rural areas for cheap rents and just be prepared to drive

HubertManne

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I get yeah with the liberal thing. Im really a progressive as in healthcare, education, regulation, work week, and social safetynets and such left of center, and these things used to be considered more common sense things a modern nation should strive for really. I don't know what happened. Then of course there is a far left where if you not onboard with every latest thing your a facist. Granted that is way left where as our general right is way right.

homura1650

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I actually read the 7 page opinion, because normally there is at least some shred of reasonableness in these crazy opinions. But this one ... those 7 pages have nothing.

I'll just leave this little nugget from the end:

The points we have made above provide some clarity about the legal standards and framework for this sensitive area of Texas law. The courts cannot go further by entering into the medical-judgment arena.

The really telling part of all of this is that there was no reason for this to be a thing. The state attorney general chose to fight this specific case. Then chose to send a letter to every hospital saying the injunction did not actually protect them, and chose to appeal the decision to the state Supreme Court.

None of that had to happen. He could have let the extreme cases go through while fighting to remove women's rights on the more "controversial" cases, but instead chose to make a test case out the most extreme interpretation of his extremist ideology.

Despite this, the court seems willfully blind to the fact that the reason for needing an injunction is that the state is acting in demonstorable bad faith.

Side note. Remember when the US SC ruled that this law could not be challenged because the state was not going to be the one enforcing it?