'Texas’s HHS could issue clearer guidance that a doctor cannot get into legal trouble as long as she or he believes his treatment is necessary. Every pro-life state should issue clear guidance along those lines,' Timothy P. Carney writes.
Yet there is plenty of confusion on this last score, as evidenced by the much-heralded lawsuit by four Texas women.These women say they were denied the care or abortions they needed because their doctors feared the law. Now, of course, if the women needed medical care that would harm their unborn baby or an abortion, Texas law has an explicit exemption.
The language in the law, “physician believes” and “the physician’s belief,” makes it clear that the physician would only be punished if he or she were performing the abortion while not believing it was required by a health emergency. Yet the news media for the past nine months have been full of stories from Texas and elsewhere about the “confusion” and “fear” of doctors who are unwilling to treat an ectopic pregnancy or to perform a dilation and curettage on a miscarried baby.
The lawsuit notably does not ask for the court to strike down the abortion law, but “to affirm that physicians can make exceptions, and to clarify under what conditions,” in the New York Times’s wording. The primary matter is that some mothers with ectopic pregnancies or similarly life-threatening cases might encounter a doctor who is confused or afraid to take the life-saving steps necessary.
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