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NYTimes
New York Times
12 Dec 2023
Michelle Goldberg


NextImg:Opinion | A Texas Case Shows That Abortion Ban Exemptions Are a Sham

Soon after the Supreme Court overturned Roe v. Wade last year, horror stories started emerging of women denied medically urgent abortions for pregnancies gone dangerously awry. In response, the anti-abortion movement developed a sort of conspiracy theory to rationalize away the results of their policies.

Pro-choice activists, they argued, were deliberately misconstruing abortion laws, leading doctors to refuse to treat women who obviously qualified for exceptions. “Abortion advocates are spreading the dangerous lie that lifesaving care is not or may not be permitted in these states, leading to provider confusion and poor outcomes for women,” said a report by the anti-abortion Charlotte Lozier Institute. The Catholic conservative Richard Doerflinger accused “pro-abortion groups” of spreading “false and exaggerated claims in order to ‘paralyze’ physicians and discredit the laws.”

Whether this argument stemmed from genuine denial or a cynical desire to mislead the public, a shattering case in Texas shows how absurd it is. Late last month, Kate Cox, a 31-year-old mother of two, learned that her latest, much-wanted pregnancy was doomed due to a severe genetic disorder. If the pregnancy continued, she was likely to have a stillbirth, and if she didn’t, the baby had virtually no chance of surviving long outside the womb.

Meanwhile, she’d made multiple trips to the emergency room for severe cramping and what seemed to be leaking amniotic fluid. Her doctor told her that carrying the pregnancy to term could jeopardize her future fertility, and Cox very much wants more children. So she, her husband and her doctor sued the state, seeking a court order to allow her to terminate her pregnancy in Texas. If the Texas abortion ban had workable medical exceptions, it’s hard to see how they wouldn’t apply to Cox. But it doesn’t, and the state attorney general, Ken Paxton, has fought the Cox family and their doctor every step of the way.


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