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Texas AG Says Abortions Still Are Prosecutable Despite Exemptions

Texas Attorney General Ken Paxton said any doctor who performs an abortion in Texas will be prosecuted, even after a woman was granted a court exception to the state’s strict abortion ban, The Hill reports. An Austin judge gave a woman an exception to state law on Thursday, allowing her to receive abortion care due to her fetus having a lethal medical condition. Paxton said Thursday that the ruling “will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.” Judge Maya Guerra Gamble’s order specifically shields Kate Cox, her husband, and her physician from prosecution. Cox’s physician argued that carrying the pregnancy to term could seriously risk her health and future fertility.


Texas has one of the nation's strictest abortion bans, barring the procedure under most circumstances and enabling the state to prosecute people who assist women in receiving abortion care. There are medical exceptions to save the life of the mother. Still, doctors and abortion advocates argue the law is too vague on what constitutes such a risk, so physicians won’t risk providing abortions for fear of potential criminal charges or lawsuits. Paxton’s office sent a letter to the three hospitals where Cox’s doctor has admitting privileges and threatened that any medical staff that assists in an abortion procedure and the hospitals themselves would also face consequences if the procedure went forward. “Your hospital may be liable for negligently credentialing the physician and failing to exercise appropriate professional judgment, among other potential regulatory and civil violations, if you permit Dr. Karsan to perform an unlawful abortion,” Paxton wrote.

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A daily report co-sponsored by Arizona State University, Criminal Justice Journalists, and the National Criminal Justice Association

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