Testimony about the horrors of abortion bans is more powerful than abstract conversations about life and choice.
By Mary Ziegler
August 3, 2023
In a courtroom in Austin, Texas, last month, five women put the state’s harsh abortion laws on trial.
Officially, their lawsuit aims to clarify the exceptions in the state’s complex scheme of abortion bans and restrictions. Since 2011, Texas has had an abortion law that defines a “medical emergency” to include any “life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function.” Somewhat different definitions apply in other Texas laws, including SB8, the law allowing anyone to sue a doctor or someone aiding them for at least $10,000 per abortion. The Center for Reproductive Rights, which is representing the women who brought the lawsuit, argues that because Texas’s exceptions are unclear or even contradictory, physicians are unsure when they can provide care and thus are likely to turn away even patients who qualify for a legal abortion because they have a life-threatening condition.