The Texas Supreme Court delivered a significant blow to abortion rights on Friday, upholding the state’s near-total abortion ban. The ruling rejected the claims of 20 women who argued they were denied medically necessary abortions, stating that the law’s exception for women facing “life-threatening conditions” was broad enough.
The unanimous decision overturns a previous ruling by an Austin state district judge from August 2023, which had blocked the state’s abortion bans for women experiencing serious pregnancy complications. Additionally, the court determined that questions regarding exceptions for women carrying fatally ill fetuses should be addressed by the Legislature.
The lawsuit, filed by the Center for Reproductive Rights in March 2023, marked the first patient-led legal challenge following the U.S. Supreme Court’s reversal of Roe v. Wade in July 2022, a landmark decision establishing abortion rights.
Authored by Justice Jane Bland, the majority opinion criticized the lower court for overstepping its judicial authority. It affirmed the language in the state’s post-Roe trigger ban, allowing doctors to intervene when women’s lives are at risk.
However, the court’s interpretation of the law was narrow, requiring pregnant patients to have a “life-threatening condition” to qualify for an abortion, regardless of other health risks. The opinion clarified that the threat of death need not be immediate but must be present.
The ruling shifted the responsibility of addressing women’s concerns about the laws to state lawmakers, who are not scheduled to reconvene until January.
In a separate concurring opinion, Justice Deborah Lehrmann acknowledged the restrictive nature of Texas’ abortion laws while affirming the majority’s decision. She emphasized the Legislature’s authority in determining policy on abortion.
Notably, the court determined that only one plaintiff, Houston OB-GYN Dr. Damla Karsan, had standing to sue over the bans’ enforcement, rejecting the claims of the other plaintiffs.
Following the ruling, several affected patients expressed disappointment and frustration, describing the decision as “a gut punch.” Plaintiff Samantha Casiano, whose personal experience underscored the cruelty of the laws, expressed devastation over the court’s decision and placed blame on state lawmakers.
Despite the setback, plaintiffs and advocates vowed to continue fighting for justice and women’s rights in Texas and beyond, signaling their determination to challenge restrictive abortion laws.