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PaperclipPerfector  3d ago (text post)   12530 thread views

Culture War Roundup for the week of November 18, 2024

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It is worth noting that under these standards the loss of a limb does not constitute a medical emergency. The definition of "abortion" is strict so doctors who X-ray a pregnant woman with a broken leg are safe despite the risk to the fetus, but I can see why this sort of thing does not engender trust between the medical profession and the Texas authorities. [With this definition of "medical emergency" and fetuses entitled to 14th amendment protection as people, it arguably would be illegal to X-ray a woman with a broken leg because it irradiates a nonconsenting fetus, although I suppose the father could consent on behalf of the fetus]

There is also an interesting bit of drafting, in that the list of "major bodily functions" in section 4 is arguably surplusage, because section 3 says that only life-threatening conditions can count. A cynic would say that section 4 is designed to make the exception look broader than it is. There are definitely pregnancy complications which are not life-threatening but are sufficiently dangerous to the bodily functions listed in section 4 that a doctor could be obliged (by the usual canons of medical ethics, and EMTALA) to perform an abortion that Texas law prohibits.

This is just wrong. The court opinion is very clear that loss of major bodily function would be a sufficient justification for an abortion (and the loss need not be imminent, just addressable by abortion).

I'm happy to believe that a court interpreted the document @hydroacetylene linked to to mean other than what it says, but I'm not wrong about words on a page. You can check by clicking the link.

With this definition of "medical emergency" and fetuses entitled to 14th amendment protection as people, it arguably would be illegal to X-ray a woman with a broken leg because it irradiates a nonconsenting fetus, although I suppose the father could consent on behalf of the fetus

Or the mother, who is closer at hand and has an easier time proving guardianship.

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