Health Care

Texas AG appeals judge’s order relaxing abortion ban for women with pregnancy complications

People march through downtown Amarillo to protest a lawsuit in federal court to ban abortion pills on Saturday, Feb. 11, 2023, in Amarillo, Texas. (AP Photo/Justin Rex)

The Texas attorney general’s office on Saturday filed an appeal to a district judge’s temporary injunction that relaxed the state’s stringent abortion ban for women with dangerous pregnancy complications.

“While a district judge’s ruling attempted to block the state’s enforcement of Texas pro-life laws, this filing stays the ruling pending a decision by the Texas Supreme Court,” the appeals statement reads. “Texas pro-life laws are in full effect. This judge’s ruling is not.”

Instead, the attorney general’s office argued that limited exemptions were already part of the law, thus the injunction was an overstep.

“Protecting the health of mothers and babies is of paramount importance to the people of Texas, a moral principle enshrined in the law which states that an abortion may be performed under limited circumstances, such as in the event of “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy” that places the pregnant woman “at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced,” the appeal says.

The appeal comes after Travis County District Judge Jessica Mangrum issued a ruling on Friday against the ban due to perceived concerns about the law’s uncertainty when it comes to its medical exceptions for abortions and a doctor’s ability to exercise “good faith judgement” when it comes to providing health care during pregnancy.

For “fear of liability,” Mangrum argued in her injunction, doctors could be forced to “bar or delay” care needed for patients “for whom an abortion would prevent or alleviate a risk of death or risk to their health.”

Under the temporary pause, doctors that provide emergency abortions when certain physical medical conditions are present will not be subject to the ban.

The attorney general’s office said despite the ruling they “will continue to enforce the laws duly enacted by the Texas Legislature and uphold the values of the people of Texas by doing everything in its power to protect mothers and babies,” according to a statement.