AUSTIN, Texas — The Texas Supreme Court decision to overturn a ruling that allowed Texans with complicated pregnancies to get an abortion has reproductive rights advocates looking to the Texas Medical Board for help. The board is expected to finalize guidance for when an abortion is medically necessary, but some are concerned about what it will or won’t include.
Amanda Zurawski is disappointed the final decision from the Texas Supreme Court was to uphold the state abortion ban without more clarification.
“They are preventing us from getting the health care that we need — in some cases like mine, to save lives; in some cases also like mine, to prevent loss of our fertility in the future,” said Zurawski.
Current Texas law prohibits all abortions except to save the life of the mother. Zurawski claims it doesn’t provide enough clarification for what constitutes a medically necessary abortion and nearly cost her her life while she waited for medical intervention.
“This is not the end of this Zurawski v. Texas because I will keep fighting until we make a change,” said Zurawski.
Now, reproductive rights advocates are putting pressure on the Texas Medical Board to create a comprehensive list of reasons when someone can have an abortion.
Before the latest court ruling the board proposed a broad definition of a medical emergency as “a life-threatening condition caused by or arising from a pregnancy that is certified by a physician places the woman in danger of death or a serious impairment of a major bodily function unless an abortion is performed.”
The lawyers who originally petitioned the board echoed one of the concurring justices, saying they want less vagueness from the board.
“Neither courts and certainly the people whose lives are at issue here shouldn’t have to figure out what they really mean. It needs to be expressed in plain in the rules,” said Steve Bresnen.
Those opposed to abortion say they welcome the board's guidelines but not an exhaustive list of abortion qualifiers.
“It’s unfortunate that some doctors have not given women the care that they need and that they deserve and is allowable in Texas law, but that’s not a problem with the law. That’s a problem with the doctors,” said Amy O’Donnell with Texas Alliance for Life.
The Texas Medical Board said in a statement, “The Board is aware of the Texas Supreme Court’s decision in State v. Zurawski and the opinion is currently under review by Board staff. As part of the ongoing rulemaking process, Board staff will analyze if the Court’s decision impacts the proposed rule.”
The next meeting is scheduled for later this month.