Texas prosecutor succeeds in reinstating abortion law in full after district judge's temporary injunction

The Texas Supreme Court must determine whether to enforce the changes to the rule brought by Justice Jessica Mangrum.

U.S. District Judge Jessica Mangrum's decision to block part of the Texas abortion law lasted only hours. An appeal by interim Attorney General Angela Colmenero and Texas Medical Board Executive Director Brint Carlton reinstated the rule in its entirety.

As the state Attorney General's Office explained in a statement last Saturday, the decision is now in the hands of the Texas Supreme Court:

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. Texas pro-life laws are in full effect. This judge’s ruling is not.

Petición de la Oficina del ... by Santiago Adolfo Ospital

Justice Mangrum had considered that the medical exceptions in the abortion law were unclear and thus could represent a danger in cases of dangerous pregnancies. Therefore, she ruled that professionals would be shielded from possible lawsuits if through their "good faith judgment," and after consulting with the patient, they decided to perform an abortion.

The physician should determine if any of these three conditions are met:

(1) a complication of pregnancy that poses a risk of infection or otherwise makes continuing a pregnancy unsafe for the pregnant person; (2) a condition exacerbated by pregnancy, that cannot be effectively treated during pregnancy, or that requires recurrent invasive intervention; and/or (3) a fetal condition where the fetus is unlikely to survive the pregnancy and sustain life after birth.

Zurawski v Texas TI by Santiago Adolfo Ospital