The lawsuit asserts that the Texas abortion law has confused doctors, with some reportedly refusing to help pregnant women facing pregnancy complications due to fears of legal consequences. The law prohibits "most abortions after a fetal heartbeat can be detected via ultrasound, which is at roughly six weeks gestation," according to Heritage.org.
The litigation, filed by five women and two doctors, includes allegations that one of the women was forced to wait until she was septic before being allowed an abortion. Sepsis is a severe condition in which the body reacts inappropriately to an infection, causing a severe drop in blood pressure known as septic shock. The other four women claim they were forced to travel out of state for medical treatment due to being allegedly endangered by their pregnancies.
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The plaintiffs are requesting clarification of the law, arguing that it is poorly written and causing medical professionals to avoid treating women needing medical attention. They claim that doctors fear punishment from the state if the government doesn't determine a woman's pregnancy-related situation as an emergency. "Physicians in Texas are even afraid to speak out publicly about this issue for fear of retaliation," said one of the doctors involved in the lawsuit, Damla Karsan.
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Texas Attorney General Ken Paxton has stated that he is "committed to doing everything in his power to protect mothers, families, and unborn children, and he will continue to defend and enforce the laws duly enacted by the Texas Legislature," according to Fox News.
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Meanwhile, recent studies are disputing early estimates that Texas' law has prevented a significant number of abortions, arguing that the original figure of a 60% decrease is closer to 10%. One of the studies alleges that an average of 1,391 women traveled each month to one of seven nearby states for an abortion between September 2021, when the heartbeat law was enacted, and the end of the year.
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In addition, a Texas doctor admitted to performing an illegal abortion in September 2021. With tensions and confusion around the law remaining high, the litigation filed by the five women is likely to attract significant attention as it seeks to address the issues caused by the state's abortion law.