Who Is Suing Texas Over Abortion Restrictions?

Texas' abortion laws are among the most restrictive in the nation, and the state has been sued multiple times over these laws. In one case, 20 women sued the state, alleging that they were denied emergency care due to the abortion laws, and that the medical exceptions were too narrow to protect patients facing pregnancy complications. In another case, a man sued his ex-wife's friends for allegedly helping her obtain an abortion pills, but later dropped the lawsuit. Texas is also fighting to access out-of-state abortion medical records, with state officials suing the federal government over a Biden administration policy meant to protect patients and providers. The state has also asked the Supreme Court to allow it to continue denying emergency medical care to pregnant women, despite a spike in the maternal mortality rate.

Texas man sues ex-wife's friends for helping her obtain an abortion

In October 2024, a Texas man, Marcus Silva, dropped a lawsuit against three women, including his ex-wife's friends, whom he accused of helping his ex-wife obtain an abortion. Silva had sued Jackie Noyola and Amy Carpenter, friends of his ex-wife, along with Aracely Garcia, in 2023, alleging that they had helped her obtain abortion pills in July 2022, around two months after she filed for divorce.

Silva sought damages of over $1 million from the Texas district court, claiming that their actions were "criminal and murderous". He argued that helping someone obtain an abortion qualified as murder under Texas' homicide law and the abortion ban that came into effect after the Supreme Court overturned Roe v. Wade. Abortion rights advocates were concerned that this first-of-its-kind lawsuit would set a precedent and intimidate people from helping each other obtain abortions, despite Texas not typically criminalizing self-managed abortions.

Two of the accused women, Noyola and Carpenter, countersued Silva for invasion of privacy. They claimed that Silva was a "'serial emotional abuser' and had illegally searched his wife's phone without her consent. However, the case was ultimately settled out of court, with no money exchanged, and the women expressed relief that the "fraudulent case" was over. They also stated their anger at being punished for supporting a friend facing abuse and criticized the use of the legal system to harass and intimidate them.

This case highlights the ongoing debate and legal battles surrounding abortion rights in Texas and the potential impact on individuals' access to safe and legal abortions.

Texas Supreme Court hears case brought by women denied abortions

The Texas Supreme Court heard arguments in a case brought by 20 women who allege they have been denied emergency care because of the state's abortion laws. They argue that the medical exceptions in the state's abortion bans are too narrow to protect patients who face pregnancy complications.

The case marks the first time patients denied abortions have sued a state since Roe was overturned. The lawsuit, which initially began with five women, is now up to 20 women, showing how widespread the problem is in Texas.

Taylor Edwards, one of the plaintiffs, shared her story of having to leave Texas and go to Colorado to receive care. She was given a fatal diagnosis of an encephalocele during her pregnancy. Despite this, the doctor in Texas told her that they could not provide care due to the state's abortion laws.

Molly Duane, the lead attorney for the plaintiffs, stated that the goal of the lawsuit is to ensure that people like Taylor will not have to go through extreme trauma and that doctors can provide the necessary medical care, which includes abortions.

The plaintiffs face severe consequences, including life in prison, loss of medical license, and hundreds of thousands of dollars in civil fines if they violate Texas' abortion laws. The assistant attorney general of Texas, Beth Klusmann, argued that the problem lies with the doctors, not the law.

The Texas Supreme Court justices appeared skeptical of some of the state's arguments, including the position that the women don't have legal "standing" to sue. The state prosecutor, Beth Klusmann, responded that the state "can't force" those women to sue their doctors.

Texas sues federal government to access out-of-state abortion records

Texas has sued the federal government to block a federal rule that shields the medical records of women from criminal investigations if they cross state lines to seek abortions where it is legal. The lawsuit, filed in Federal District Court in Lubbock, targets medical privacy regulations that were issued in 2000 and a rule issued in April 2024 that specifically bans disclosing medical records for criminal or civil investigations into seeking, obtaining, or facilitating reproductive health care.

Texas Attorney General Ken Paxton called the April rule "a backdoor attempt at weakening Texas' laws," arguing that the Biden administration was trying to subvert lawful state investigations. The lawsuit claims that the privacy rules ignore federal law that allows states to view medical records for law enforcement purposes. Paxton accused the federal government of attempting to "undermine" the state's law enforcement capabilities.

The federal rule in question is an update to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which prohibits medical providers and health insurers from divulging medical information about patients. However, law enforcement can typically access those records for investigations. The rule prohibits state or local officials from gathering medical records related to reproductive healthcare for civil, criminal, or administrative investigations from providers or health insurers in states where abortion remains legal. It aims to protect women who live in states with abortion bans.

At least 22 Democratic-controlled states have laws or executive orders protecting medical providers or patients who participate in abortion from investigations by law enforcement in states with bans. This lawsuit marks the first legal challenge from a state with an abortion ban that took effect after the Supreme Court's 2022 ruling overturning Roe v. Wade.

Texas asks Supreme Court to continue denying emergency care to pregnant women

Texas has asked the Supreme Court to allow it to continue denying emergency medical care to pregnant women, despite a surge in the state's maternal mortality rate. The request comes as a new report shows that the maternal death rate in Texas increased by 56% from 2019 to 2022, compared to an 11% increase nationwide. Experts attribute this difference to Texas' abortion ban, which has been in place since 2021.

The state of Texas sued the Department of Health and Human Services, arguing that the Biden administration violated the Medicare and Administrative Procedure Acts when it issued guidance clarifying that hospitals are required to provide emergency abortions to preserve a woman's health, even in states where abortion is banned. Texas won this argument in the Fifth Circuit earlier in 2024, but the Biden administration is now appealing that decision.

The fundamental question at the heart of the case is whether doctors should be allowed to treat pregnant women with health- and life-threatening conditions, or whether those women should be denied treatment due to state abortion laws. Texas' abortion bans, which include a trigger ban and a "vigilante" ban, have created a hostile environment for physicians, who fear providing care even in dire pregnancy complications. The bans carry severe penalties for doctors who violate them, including fines of at least $100,000, up to 99 years in prison, and revocation of medical licenses.

The impact of these restrictive abortion laws on pregnant women in Texas has been devastating. One Texas woman, Yeniifer Alvarez-Estrada Glick, died of complications from her pregnancy in 2022. Experts believe she likely would have lived if she had been offered and accepted an abortion. Texas' refusal to provide emergency medical care to pregnant women has forced some to seek care out of state, often undergoing stressful travel and facing fears of criminalization upon their return.

The Supreme Court's decision on whether to allow Texas to continue denying emergency medical care to pregnant women will have significant implications for the state's residents. If the Court sides with Texas, pregnant women in the state will likely continue to face higher mortality rates and be denied access to crucial medical care.

Texas Attorney General Ken Paxton leads legal challenges to abortion laws

Texas Attorney General Ken Paxton has been at the forefront of legal challenges to abortion laws, both defending and initiating lawsuits to shape reproductive rights in the state.

In defence of Texas's abortion laws, Paxton has sued the Biden-Harris Administration multiple times. In one instance, Paxton challenged the administration's guidance that hospitals are required to provide emergency abortions to protect a woman's health, even in states with abortion bans. The lawsuit argued that this guidance violated the Medicare and Administrative Procedure Acts. Texas won this case in the Fifth Circuit, allowing the state to prohibit emergency abortions.

Paxton has also led efforts to prevent doctors from providing emergency care to pregnant women, even as the state's maternal mortality rate has spiked. Texas's abortion ban, implemented in 2021, has been linked to a 56% increase in the maternal death rate from 2019 to 2022, a significantly higher increase than the national average of 11%. Despite this, Paxton has asked the Supreme Court to allow Texas to continue denying emergency medical care to pregnant women.

In May 2024, Paxton targeted federal privacy rules that prohibit investigators from accessing the medical records of women who travel out of state to seek legal abortions. He characterised the privacy rule as a "backdoor attempt at weakening Texas' laws" and argued that it ignored federal law, which permits states to view medical records for law enforcement purposes.

On the offensive, Paxton sued the Biden-Harris Administration in July 2022 over their guidance that attempted to force medical providers to perform abortions, even when prohibited by state law. Paxton argued that this violated the Emergency Medical Treatment and Labor Act (EMTALA), which does not mention abortion. A federal district court blocked the administration's guidance, and the injunction was upheld by the U.S. Court of Appeals for the Fifth Circuit in January 2024.

Texas's abortion laws have faced legal challenges from various individuals and groups, including women who have been denied abortions despite risks to their health. In November 2023, the Texas Supreme Court heard a case brought by 20 women who argued that the medical exceptions in the state's abortion bans were too narrow to protect patients facing pregnancy complications. This marked the first time that patients denied abortions had sued the state since Roe v. Wade was overturned.

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