More than a year after the Supreme Court ruled that there is no fundamental right to get an abortion, 21 states in the US have laws in place that ban abortion before fetal viability, typically allowing it only in the first trimester. Fourteen of these states have also issued near-total bans on abortion from the point of conception, but it remains unclear when, if ever, an abortion would be permissible under these near-total bans. Most of these bans include exceptions for health concerns, rape, incest, or lethal fetal anomalies, but these exceptions are often vaguely worded, leaving physicians and pregnant patients uncertain about the legality of a particular abortion.
The language of these state laws is nonmedical and carries steep penalties, such as life imprisonment, for performing an abortion that violates the statute. This has led some physicians to seek legal guidance in order to navigate the confusing exceptions. The laws assume a certainty in medicine that may not exist, and they do not rely on medical terms, making it difficult for healthcare providers to know when they can provide abortions, even in life-threatening situations or in cases of severe fetal anomalies.
Lawsuits have been filed in various states to seek clarification on when abortions might be permitted under these bans. Courts at different levels are now being forced to consider these questions, resulting in even more uncertainty. Each state uses its own language to define a ban and its exceptions, so one court’s opinion does not dictate how another state’s ban should be interpreted.
Texas is one of the states that implemented a near-total abortion ban in 2022. The law allows an abortion only in cases of a “medical emergency,” but the language is confusing and has led to delays or denials of medical treatment for pregnant individuals who needed abortions due to serious health risks or fetal health problems. A trial court judge in Texas blocked enforcement of the ban when a physician determines there is an emergent medical condition requiring abortion care, but the decision is on hold until the state Supreme Court issues its final ruling.
Overall, the lack of clarity and the potential for legal repercussions have left healthcare providers and pregnant individuals in a state of uncertainty when it comes to navigating these abortion bans and their exceptions. The lawsuits and stories highlighted in this article demonstrate the challenges and complexities involved in interpreting and implementing these laws.
