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The issue at stake here was the exception in TX law that allows abortion when the pregnancy "places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed" (direct quote from TX law).
The TX Supreme Court found that such a condition was not present in this case.
It sounds like the TX Supreme Court is putting the decisions into the doctor's hands and not the courts.
From the link in the OP...
"Under the law, it is a doctor who must decide that a woman is suffering from a life-threatening condition during a pregnancy, raising the necessity for an abortion to save her life or to prevent impairment of a major bodily function,” the opinion read. "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."
Exactly. Her MD wouldn't certify that the necessary condition/s existed for her to abort under TX law. Therein lies the problem.
My grand was Trisomy 13. They did not see it, and had they, mom should have aborted and spared that child’s suffering and parent’s pain. Loved our little one till passed, but would not wish it on anyone.
I'm so sorry. I do not disagree that this woman should have been "allowed" to have the abortion. IMO, this kind of case is exactly why the procedure exists. But, while in the past it was probably more difficult to diagnose, this woman's doctor failed to provide a diagnosis that would meet the requirements of the law.
No, they are not. The woman's MD would not certify the necessary conditions existed to allow an abortion under TX law. The MD made the decision in this case. The TX Supreme Court upheld the law and the MD's decision.
Exactly. Her MD wouldn't certify that the necessary condition/s existed for her to abort under TX law. Therein lies the problem.
Correct, because it's a poorly written law completed in haste. That is the issue being argued here, the fact that the law is short-sighted, does not include exemptions for a slew of genetic and formation abnormalities that can occur during pregnancy, and prescribes a 1 size fits style of law to the process of pregnancy that is anything but one size fits all.
You're hitting the nail on the head but don't know why you're hitting the nail in the first place.
The issue at stake here was the exception in TX law that allows abortion when the pregnancy "places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed" (direct quote from TX law).
The TX Supreme Court found that such a condition was not present in this case.
Even the two Texas courts disagreed, that should tell you that this is bad legislation with broad terms. Just imagine you are the doctor attempting to provide medical care and attempting to define "serious risk" or "placing a woman in danger".
Correct, because it's a poorly written law completed in haste. That is the issue being argued here, the fact that the law is short-sighted, does not include exemptions for a slew of genetic and formation abnormalities that can occur during pregnancy, and prescribes a 1 size fits style of law to the process of pregnancy that is anything but one size fits all.
You're hitting the nail on the head but don't know why you're hitting the nail in the first place.
Why wouldn't the MD certify that the necessary conditions existed to allow abortion under TX law? THAT is the crux of the problem here.
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