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Texas Supreme Court to hear case against state's abortion ban on Tuesday

If the Supreme Court rules in favor of Attorney General Ken Paxton's appeal, these bans will remain in place, severely limiting abortions and access in Texas.

AUSTIN, Texas — The Texas Supreme Court will hear a case that challenges the state's abortion restrictions on Tuesday.

Twenty women are suing the State of Texas, saying a near-total ban on abortions put their lives at risk when they experienced pregnancy complications. Two doctors are also part of the lawsuit.

This hearing comes after Attorney General Ken Paxton put in an appeal when State District Court Judge Jessica Mangrum of Austin granted exemptions to this abortion ban.

Women like Kimberly Manzano, who had to flee to New Mexico for an abortion, say their personal experiences are part of why they're challenging the ban.

"It became clear that my health was in jeopardy and my baby had no chance of survival," Manzano said. "I had previously considered myself anti-abortion, but through this, my opinion has changed."

Nick Kabat is an attorney on this case with the Center for Reproductive Rights, the group representing the now 20 women and 2 OBGYNs who have joined in suing Texas.

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"We have seen and heard about women who have been denied abortions in medical emergencies. Going back to September 2021. So we filed the case in March, but the story really goes back to September 2021," Kabat said. "These are only a slice of the cases that are occurring in Texas where women are being denied abortions in medical emergencies," said Kabat.

Senate Bill 8, which was passed by the Texas Legislature, outlines that once cardiac activity is detected in an embryo, an abortion is not permitted in Texas.

Kabat said his patients have their own horror stories to share.

"They were told they would either have to fly out of state or wait until they were on their deathbed with sepsis, septic infection, or other serious infections," Kabat said.

Former Travis County District Court Judge Charlie Baird said the Texas Supreme Court will now decide if the injunction ruling on these bans is constitutional or not.

The growing lawsuit is something Baird said could play a pivotal role in the court hearing.

"By broadening the number from one to 20, and also including medical care providers and doctors, it shows them that it is a very urgent, they feel, to have this statute unenforceable while this case is pending," Baird said.

Baird also said when it comes to the issue of Mangrum granting exemptions to the ban, he believes this was valid.

"The decision made by the Travis County judge, I think, was sound," Baird said. "Because what you're talking about is a very, very fundamental right. I think, between not just a woman, but anybody seeking medical care."

Tuesday's hearing will only decide whether or not this injunction can stand as the case continues to make its way through the Travis County courts.

If the Supreme Court rules in favor of Paxton's appeal, these bans will remain in place, severely limiting abortions in Texas.

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