Zurawski v. State of Texas is a case heard by the Texas Supreme Court regarding medical exceptions to the state's abortion ban. The lawsuit was filed by the Center for Reproductive Rights on March 6, 2023. On August 4, 2023, State District Court Judge Jessica Mangrum granted the plaintiffs a preliminary injunction; the state of Texas appealed this decision to the Texas Supreme Court later that same day. [1] The Texas Supreme Court heard arguments in the case on November 28, 2023 and issued the decision on May 31, 2024. [2] [3]
In May 2021, Texas Governor Greg Abbott signed the Texas Heartbeat Act, also known as SB 8, into law. The law banned abortions after a fetal heartbeat could be detected, and allowed private citizens in Texas to sue anyone who helps someone obtain such an abortion. The law took effect in September of that year. [4] [5] After the Supreme Court of the United States overturned Roe v. Wade and Planned Parenthood v. Casey in its June 2022 decision in Dobbs v. Jackson Women's Health Organization , Texas' trigger law banning abortion went into effect on August 25, 2022. This law made performing an abortion a felony punishable by up to life in prison, with only narrow exceptions to save the life of the pregnant patient. As a result, Texas now had three abortion bans in effect simultaneously: SB8, the trigger law, and several statutes passed prior to Roe. [6]
The case's lead plaintiff is Amanda Zurawski, a Texas woman who was denied an abortion when she was 18 weeks pregnant because her fetus had a detectable heartbeat. She subsequently went into septic shock twice, and was left with a permanently closed fallopian tube due to scar tissue. Four other women initially joined the suit when it was first filed on March 6, 2023. The purpose of the suit was to obtain a court ruling clarifying the circumstances under which physicians in Texas can provide abortion care under the state's abortion ban, unlike previous litigation where the intent was to overturn them completely. Kate Zernike of the New York Times stated that this case was "apparently the first time that pregnant women themselves have taken legal action against the bans that have shut down access to abortion across the country since the U.S. Supreme Court overturned Roe v. Wade." [7]
In July 2023, court hearings in the case were held over a two-day period, during which time three women testified about the effects of their having been denied abortion care on their own lives. One of the women, Samantha Casiano, described being pregnant and learning that her fetus had no chance of survival, because it lacked a skull due to a condition called anencephaly. Casiano became physically ill while testifying, which prompted the judge to call a recess. Texas's lawyers accused the women of being on an "ideological crusade" and attempted to pin blame on the women themselves, as well as their physicians. [8] [9]
On August 4, 2023, Travis County District Judge Jessica Mangrum issued a preliminary injunction which would have prevented the state of Texas from enforcing the Texas Heartbeat Act in cases involving serious pregnancy complications. The ruling would have allowed patients to receive abortion care if they were experiencing such complications, and would have prevented the state's Attorney General from prosecuting doctors who perform abortions based on their "good faith judgment" that doing so is medically necessary. The office of the Attorney General of Texas appealed the ruling just hours later, which prevented Mangrum's injunction from taking effect. At the time, First Assistant Attorney General of Texas Brent Webster decried Mangrum's decision as "an activist Austin judge’s attempt to override Texas abortion laws." [8] [10]
On November 28, 2023, the Texas Supreme Court heard oral arguments in Zurawski. By this time, the number of plaintiffs in the case had increased to 22: 20 women denied abortions and two physicians. During the argument, Molly Duane, a lawyer for the Center for Reproductive Rights, stated, "We are just seeking clarification on what the law aims to do". Texas Supreme Court justice Brett Busby, however, pushed back on this point, arguing that the Court's purpose is to "decide cases" rather than to "elaborate and expand" the meaning of state laws. Beth Klusmann, a lawyer representing the state of Texas, argued that the plaintiffs did not have standing to sue Texas in this matter, and should instead have filed suit against their doctors. [2] The Texas Supreme Court will issue a decision on whether to partially block Texas' abortion ban, as well as on whether to grant the state's request to dismiss the case outright, both by June 2024. [11]
On May 31, 2024, the Texas Supreme Court issued a unanimous decision that upheld the three laws, with one plaintiff, Dr. Karsan, having the standing to sue the state government after being threatened by the attorney general, Ken Paxton. [12] Two justices: Brett Busby and Debra Lehrmann, issued a concurring opinion that left the door open to a broader challenge to the law, but only to overturn it completely. [13]
Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the Supreme Court of the United States overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age, which is when proponents claim that a "fetal heartbeat" can be detected. Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and misleading, for a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant individual.
Abortion in Texas is illegal in most cases. There are nominally exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas.
The Georgia House Bill 481, formally named the Living Infants Fairness and Equality (LIFE) Act, is an American anti-abortion law passed in 2019 that sought to prevent physicians in the U.S. state of Georgia from performing abortions beyond six weeks, except in special situations. The bill was strongly criticized and, notably, many celebrities in Hollywood threatened to boycott the state of Georgia if it were passed. Passed in 2019, it was initially ruled unconstitutional in July 2020. That ruling was reversed, however, in July 2022.
Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.
Abortion in Georgia is illegal after detection of embryonic cardiac-cell activity, which typically begins in the fifth or sixth week after the onset of the last menstrual period (LMP), two to three weeks after implantation. Although this law was ruled unconstitutional by a Georgia superior court judge on September 30, 2024, it remains in effect while the state appeals the ruling.
Abortion in Ohio is legal up to the point of fetal viability as a result of abortion rights being placed into the Ohio State Constitution by November 2023 Ohio Issue 1.
Abortion in South Carolina is illegal after detection of a "fetal heartbeat", usually around 6 weeks from the woman's last menstrual period, when many women are not yet aware that they are pregnant. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.
Abortion in Tennessee is illegal from fertilization except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman". Tennessee is one of four states which prohibit abortion in their state constitution; alongside Alabama, Louisiana, and West Virginia.
Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting and only Democratic state legislators opposing. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
Abortion in Iowa is illegal after detection of embryonic cardiac-cell activity. Embryonic cardiac-cell activity can be detected from around six weeks after the pregnant individual's last menstrual period, when many people are not yet aware that they are pregnant. Exceptions for the abortion ban after detected embryonic cardiac-cell activity include some instances of rape, incest, fetal abnormalities and threats to the pregnant individual's life.
Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning to the federal and state legislatures the power to regulate any aspect of abortion not protected by federal statutory law.
The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.
Whole Woman's Health v. Jackson, 595 U.S. ___ (2021), was a United States Supreme Court case brought by Texas abortion providers and abortion rights advocates that challenged the constitutionality of the Texas Heartbeat Act, a law that outlaws abortions after six weeks. The Texas Heartbeat Act prohibits state officials from enforcing the ban but authorizes private individuals to enforce the law by suing anyone who performs, aids, or abets an abortion after six weeks. The law was structured this way to evade pre-enforcement judicial review because lawsuits challenging the constitutionality of state statutes are typically brought against state officials who are charged with enforcing the law, as the state itself cannot be sued under the doctrine of sovereign immunity.
United States v. Texas, 595 U.S. ___ (2021), was a United States Supreme Court case that involved the Texas Heartbeat Act, also known as Senate Bill 8 or SB8, a state law that bans abortion once a "fetal heartbeat" is detected, typically six weeks into pregnancy. A unique feature of the Act, and challenges to it, is the delegation of enforcement to any and all private individuals who are authorized by the Act to file civil actions against abortion providers who violate it, and aiders and abetters, while state and local officials are prohibited from doing so. Opponents stated that the Act went against the landmark 1973 Supreme Court decision Roe v. Wade, which, prior to its overturn in 2022, banned states from prohibiting abortions during the first trimester of pregnancy in favor of the woman's right to privacy guaranteed by the Fourteenth Amendment.
Adkins v. State of Idaho is a court case heard by the Idaho Fourth District Court regarding medical exceptions to the state's abortion ban, specifically relating to cases in which a pregnant person's life is at risk and when a fetus has a fatal diagnosis. The lawsuit was filed by the Center for Reproductive Rights on September 11, 2023, and proceedings began November 12, 2024.
Blackmon v. State of Tennessee is a court case heard by the Tennessee Twelfth Judicial District Court regarding medical exceptions to the state's abortion ban, specifically relating to pregnant persons with emergent health conditions. The lawsuit was filed by the Center for Reproductive Rights on September 11, 2023, and a hearing was held April 4, 2024.