Author: Eleanor Klibanoff, The Texas Tribune

Eleanor Klibanoff is the women's health reporter at The Texas Tribune. She was previously with the Kentucky Center for Investigative Reporting, where she covered sexual assault, domestic violence and policing, among other things. She has worked at public radio stations in Kentucky, Pennsylvania and Missouri, as well as NPR, and her work has aired on All Things Considered, Morning Edition and Here & Now.

How an Antiabortion Doctor Joined Texas’ Maternal Mortality Committee

Texas’ maternal mortality and morbidity review committee was created in 2013 to track and study maternal deaths and near-misses. Dr. Ingrid Skop, a San Antonio OB-GYN, was chosen to represent rural areas on the committee, over an obstetrics nurse from the Rio Grande Valley.

Skop is not just any antiabortion doctor. She is the face of a small but powerful medical lobby that has helped restrict abortion access across the country. Skop has testified to state legislatures and before Congress, and been called as an expert witness in court cases. She is one of the doctors who sued to have mifepristone, a common abortion-inducing drug, moved off the market, a case that ultimately failed at the U.S. Supreme Court.

Two More Texas Women Say Delayed Care Due to Abortion Laws Endangered Their Fertility

Two women have filed federal complaints against Texas hospitals they say refused to treat their ectopic pregnancies, leading both women to lose their fallopian tubes and endanger their future fertility.

Texas law allows doctors to terminate ectopic pregnancies, a condition in which the fertilized egg implants in the fallopian tubes, instead of the uterus. Ectopic pregnancies are always non-viable and can quickly become life-threatening if left untreated. Despite these protections, these women say they were turned away from two separate hospitals that refused to treat them. The complaint alleges that the doctors and hospitals are so fearful of the state’s abortion laws, which carry penalties of up to life in prison when violated, that they are hesitating to perform even protected abortions.

“Texas officials have put doctors in an impossible situation. It is clear that these exceptions are a farce, and that these laws are putting countless lives in jeopardy.”

Texas Supreme Court Rejects Challenge to Abortion Laws

The Texas Supreme Court has unanimously rejected the most significant challenge to Texas’ new abortion laws yet, ruling Friday that the medical exceptions in the law were broad enough to withstand constitutional challenge.

The initial lawsuit was filed in March 2023, and unlike previous wholesale, pre-enforcement challenges to abortion bans, this case focused on a very narrow argument—women with complicated pregnancies were being denied medically necessary abortions because doctors were unclear on how and when they could act. Amanda Zurawski, the named plaintiff in the suit, was 18 weeks pregnant with a daughter they’d named Willow when she experienced preterm prelabor rupture of membranes. Despite the condition being fatal to the fetus and posing significant risks to the pregnant patient, her doctors refused to terminate the pregnancy because there was still fetal cardiac activity. Eventually, Zurawski went into sepsis and spent three days in the intensive care unit. While she survived, the infection has made it difficult for her and her husband to conceive again.

“The people in the building behind me have the power to fix this, yet they’ve done nothing,” Zurawski said. “So it’s not just for me, and for our Willow, that I stand here before you today—it’s for every pregnant person, and for everyone who knows and loves a pregnant person.”

Texas Medical Board’s Proposed Abortion Guidance *Still* Doesn’t Clarify When Doctors Can Legally Perform Abortions

Doctors, lawyers and advocates say the state board’s new guidance still doesn’t clarify when doctors can legally perform abortions.

“Unfortunately, the increased requirements for documentation are truly unworkable,” testified Dr. Richard Todd Ivey, a Houston OB-GYN. “These decisions should be made by a patient in consultation with their physicians, because that is the practice of medicine. We as physicians want to work within the confines of the law, but we cannot do so if our hands are tied.”

Texas Supreme Court Considers Taking Up Question of Whether Frozen Embryos Are People

The Texas Supreme Court is considering whether to take up a case that could have Alabama-esque impacts on in vitro fertilization in Texas.

What began as a Denton divorce has grown into a larger battle over whether a frozen embryo can be defined as a person. The court has not yet said whether it will take up the case, which centers on three frozen embryos created by Caroline and Gaby Antoun.

Earlier this year, the Alabama Supreme Court ruled that frozen embryos qualify as people under the state’s wrongful death statute, leading fertility clinics to halt their work until the legislature stepped in and granted temporary protections. While the details are different, legal experts and fertility doctors say the results of this Texas case could be similar.

Hispanic and Teen Fertility Rates Increase After Texas’ Abortion Restrictions

More Texas women had babies after the state banned nearly all abortions after six weeks of pregnancy, leading the state’s fertility rate to increase for the first time since 2014. The 2022 fertility data from the federal Centers for Disease Control and Prevention, analyzed by the University of Houston, offers the first concrete look at how many more women ended up carrying pregnancies to term as a result of the 2021 law.

This fertility data offers the first accounting of how many of those pregnancies were actually carried to term and delivered in Texas. And it confirms advocates’ predictions that the impact of these abortion bans would not be felt evenly across all communities.

Texas Supreme Court Overturns Ruling That Would Have Allowed Kate Cox to Terminate Nonviable Pregnancy

After a week of legal whiplash and threats of prosecution from Texas Attorney General Ken Paxton, Kate Cox has been forced to leave Texas to get healthcare in another state, the Center for Reproductive Rights (CRR) announced on Monday. Cox’s fetus has a fatal condition and continuing the pregnancy threatens her future fertility. “Her health is on the line,” said Nancy Northup, president and CEO at CRR. “She’s been in and out of the emergency room and she couldn’t wait any longer.”

Paxton had petitioned the state Supreme Court just before midnight Thursday to intervene and stop a Dallas woman from having an abortion—after a Travis County district judge granted a temporary restraining order allowing Cox, 31, to terminate her nonviable pregnancy. Paxton also sent a letter to three hospitals, threatening legal action if they allowed the abortion to be performed at their facility. On Friday evening, the state Supreme Court temporarily halted the lower court’s order but did not rule on the merits of the case. The court said it would rule on the temporary restraining order, but did not specify when.

Texas Supreme Court Halts Emergency Order from Lower Court Judge Allowing Kate Cox to Abort Fetus With Lethal Abnormality

For the first time in at least 50 years, a judge has intervened to allow an adult woman to terminate her pregnancy.

Kate Cox, 31, at 20 weeks pregnant, has learned her fetus has a lethal abnormality that is almost always fatal at birth. After a 45-minute Zoom hearing Thursday, Travis County District Judge Maya Guerra Gamble ruled that Cox should be allowed to terminate the pregnancy, and that Dr. Damla Karsan, a Houston OB-GYN, should be protected from civil and criminal penalties if she performs the procedure. The state cannot directly appeal Thursday’s order, since it is a temporary restraining order. Instead, the Office of the Attorney General would have to file a writ of mandamus petition, asking a higher court to take the extraordinary measure of overturning the emergency order.