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Clarity on abortion exceptions still a priority for Texas activists this legislative session

Amanda Zurawski (right), Lauren Hall, Lauren Miller, and Anna Zargarian (left) at a press conference hosted by Center for Reproductive Rights press conference at North Lawn of the Texas State Capitol Building on March 7, 2023.
Patricia Lim
/
KUT News
Amanda Zurawski (right), Lauren Hall, Lauren Miller, and Anna Zargarian (left) at a press conference hosted by Center for Reproductive Rights press conference at North Lawn of the Texas State Capitol Building on March 7, 2023.

Amanda Zurawski joined a Zoom meeting Tuesday, ready to share the story again of how she who nearly died when care was delayed during a miscarriage.

“I live in Austin, Texas, and you may have heard my story … as I've been telling it for about two and a half years,” she told reporters listening in.

When Zurawski was pregnant in 2022, her water broke far too early, just 18 weeks into her pregnancy. Although a miscarriage was inevitable, her doctors said they could not legally induce labor until her life was immediately at risk. She eventually went into sepsis and spent three days in the intensive care unit; her baby was delivered stillborn.

Since then, Zurawski has been an outspoken reproductive rights activist. She was the lead plaintiff in one of the most high-profile challenges to abortion bans in post-Roe v. Wade America and spoke on the issue for the Harris-Walz campaign.

On Tuesday’s call, she joined other Texas activists to mark what would have been the 52nd anniversary of Roe v. Wade and to discuss how to continue fighting for abortion rights now that the decision no longer stands.

That fight includes speaking out about potential bills during the 89th Texas Legislative Session.

“What I want people to understand is that this fight is not over," Zurawski said. "This work is not done. I am not done. I'm not going anywhere."

What's allowed in Texas?

Roe was overturned in June 2022, triggering a tightening of abortion restrictions in Texas and many other states.

Today, all abortions are banned here, with one exception: to save the life of a mother or a “major bodily function.”

That exception has been at the center of challenges to Texas' abortion law, including Zurawski v. Texas. Critics say vague language in the medical exception, combined with harsh potential penalties for doctors, have a chilling effect on medical care during life-threatening situations.

Doctors can lose their medical licenses, face up to 99 years in prison and pay $100,000 or more in fines if they perform an illegal abortion.

In November, ProPublica reported the stories of several women who died during emergencies that were attributed to confusion about Texas' laws. Following those reports, 111 Texas-based OB-GYNs signed an open letter urging state policymakers “to do something to make sure this never happens again.”

“Texas needs a change. A change in laws. A change in how we legislate medical decisions that should be between a patient, their family and their doctor,” the letter read.

Previous attempts to clarify the language of the exception through the judicial and executive branches have been unsuccessful.

The Texas Supreme Court ultimately rejected Zurawski's challenge and made a similar ruling in Cox v. Texas. In that case, Kate Cox asked the state for permission to end her nonviable pregnancy. The high court indicated the Texas Medical Board could offer physicians more guidance about when abortions are allowed. In turn, the medical board said only the Texas Legislature could clarify the law, although it offered some guidance about how physicians should document their decisions to offer an emergency abortion.

Lt. Gov. Dan Patrick on Sunday indicated in an interview on WFAA’s “Inside Texas Politics” program that he supports clarifying the medical exception.

“I do think that we need to clarify any language so that doctors are not in fear of being penalized if they think the life of the mother is at risk,” he said.

What's next?

Patrick was the first major Republican official to support clarifying the law. Rep. Jeff Leach of Plano agreed with Patrick’s statements in a post on X, tweeting “plans and work are already underway to try to get it done.”

Additionally, the Austin-American Statesman reported that Sen. Bryan Hughes of Mineola also agreed with Patrick. Hughes, who wrote Texas’ six-week abortion ban, had previously argued the medical exception was clear.

So far, however, no Republicans in the House or Senate have authored or signed onto a bill aimed at making adjustments to the medical exception.

Zurawski said she's skeptical that state lawmakers have the will to address the issue – pointing to how it has been punted between branches of the government over the past two years.

“It's this circular logic and this finger-pointing that got us to where we are today and is going to keep us here until somebody stands up and says, ‘Enough is enough,’” she said.

But Zurawski does have plans to push for change during the legislative session. She said some of her co-plaintiffs will meet with “pro-choice elected officials” to make sure their experiences are understood, and that those officials are ready to share their stories. And she is especially focused on efforts to prevent new restrictions at the local level, such as the vote by Amarillo residents to reject a “travel ban” preventing people from using local roads to drive out of state for an abortion.

“Those are the things that I think we can do: put pressure on our city councils, on our mayors, on our state legislators, and really pay attention to what they're advocating for or against," she said, "and make sure that we're pushing back."
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Olivia Aldridge