@davidallen
@ClintonDavidScott
Take a look at this link from the Texas Law Library. I think an abortion would have been legal for this lady. Human reproduction is certainly a “major bodily function”. I have no doubt that the doctors told this lady that an abortion would be illegal. Makes me wonder if these doctors have ever taken the time to actually do a little reading up on such an important topic.
Let me know what you think after reading the pasted excerpt below. I am genuinely interested in your opinion on how the law would apply in this case.
Answers to common legal questions we receive at the law library.
faq.sll.texas.gov
Abortions Prohibited, With Certain Exceptions
Abortion is banned under
Chapter 170A of the Texas Health & Safety Code except in certain narrow circumstances. Chapter 170A also lists both criminal, civil, and professional penalties for performing prohibited abortions.
Section 170A.002 prohibits a person from performing, inducing, or attempting an abortion. There are exceptions for situations in which the life or health of the pregnant patient is at risk. These exceptions are in subsection (b) of Section 170A.002. Three factors are listed:
- A licensed physician must perform the abortion.
- The patient must have a life-threatening condition and be at risk of death or "substantial impairment of a major bodily function" if the abortion is not performed. "Substantial impairment of a major bodily function" is not defined in this chapter.
- The physician must try to save the life of the fetus unless this would increase the risk of the pregnant patient's death or impairment.
These exceptions do not apply in certain cases. One example is where the pregnant patient's risk of death or impairment arises from a risk of suicide or self-harm, according to subsection (c) of Section 170A.002.
This chapter does not apply in situations where a fetus accidentally dies or is injured due to medical treatment. This statement is found in subsection (d) of Section 170A.002.