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United States: suspension of ruling that temporarily allowed abortions in emergencies in Texas

The ruling of a judge that temporarily allowed abortion in Texas, USAto women whose pregnancy complications put their lives at risk or due to malformations of the fetus was paralyzed this Friday by an appeal from the prosecutor’s office.

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Hours after the judicial decision was announced, the attorney general of that US state filed an appeal and Judge Jessica Mangrum’s sentence was suspended until a decision on the merits of the issue was made in March.

The resolution issued by Mangrum was disclosed by the NGO Center for Reproductive Rights (CRR), which supports the plaintiffs.

In a hearing in July, the magistrate heard the cases of five affected women, in which they asked to clarify the “medical exceptions” to practice abortions.

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According to Mangrum, if a doctor “in his good faith judgment and in consultation with the patient, determines that the medical conditions pose a risk to her life or health (including her fertility)” he may “provide abortion services to pregnant persons under medical exception to the abortion bans of Texas”.

Texas may not prohibit an abortion when there is “a complication of the pregnancy that poses a risk of infection or makes continuation of the pregnancy is unsafe for the pregnant woman” or “a fetal condition in which the fetus is unlikely to survive the pregnancy,” the resolution says.

– “Clarity for doctors” -The abortion was considered a right in the United States after a historic ruling in the Roe vs. Wade, in 1973. But last year, the Supreme Court, with a conservative majority, reversed it. Since then, more than a dozen states have banned, penalized or restricted it.

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In Texas, a doctor can go to jail for 99 years, face fines, and lose his or her medical license if convicted of performing an abortion. The state also allows citizens to sue anyone involved in an abortion.

Local authorities believe that the exceptions can be used arbitrarily, since situations such as “headaches or depression” could be considered medical exceptions, according to a document from the Texas Attorney General’s Offices.

Given the fears, several doctors refuse to practice it even in emergencies, maintain the plaintiffs in the case Zurawski v. the state of Texas, named for Amanda Zurawski, who is leading the lawsuits. Although miscarriage was unavoidable in her situation, the doctor did not immediately intervene because the fetal heart was still beating. She had septic shock and nearly died. Her baby was born lifeless.

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“After much confusion about what conditions qualify as ‘medical emergencies,’ under the bans on Texas abortiontoday’s ruling [viernes] it gives doctors clarity about when they can perform abortions and allows them to use their own medical judgment,” the CRR said in a statement.

“Today’s ruling [viernes] it should prevent other Texans from suffering the unthinkable trauma our plaintiffs endured,” said Nancy Northup, CRR President and CEO.

Source: Elcomercio

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