Hearing continues for lawsuit over Texas' ban on abortions

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Hearing continues for lawsuit over TX ban on abortions

There was another day of emotional testimony at a hearing in Austin for Texas women who are suing the state over its abortion ban. They spoke publicly about their pregnancy losses.

There was another day of emotional testimony at a hearing in Austin for Texas women who are suing the state over its abortion ban. They spoke publicly about their pregnancy losses.

Several doctors took the witness stand too, including one testifying on behalf of the state.

Just like Wednesday, FOX 4 was able to watch a web feed of the hearing, but the judge did not allow us to broadcast any of the testimony.

On Thursday, the judge heard more testimony from of some of the plaintiffs, including two Texas doctors.

The defense also called its own OBGYN to testify as an expert witness.

Some of the 13 Texas women suing the state over its abortion ban, talked about the challenges of sharing their personal stories of loss inside a packed Travis County courtroom.

"It was extremely painful and emotional, but it was important for people to hear and understand," co-plaintiff Amanda Zurawski said.

"It was very emotional. This is the first time I'm speaking publicly about my situation, about my experience," co-plaintiff Ashley Brandt said.

The women are challenging a clause in the state’s abortion ban that says a doctor can perform an abortion only if they believe the patient has "a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy" that puts the patient "at risk of death or poses a serious risk of substantial impairment of a major bodily function."

Texas women suing the state over its ban on abortions

The women claim that despite suffering, what they called "dangerous pregnancy complications," doctors would not perform an abortion.

"How many pregnant women need to be on death's door or forced to flee the state before something is done?" said Molly Duane, senior staff attorney for the Center for Reproductive Rights.

The plaintiffs, which include two Texas OBGYNs, want the judge to temporarily block the law from applying to medically necessary abortions and ultimately clarify when a medical emergency justifies an abortion.

"Something that guarantees physicians protection if they practice within the standard of care," Dr. Damla Karsan said.

Doctors have reported delaying necessary pregnancy care for fear of violating the law, which allows doctors to be punished by up to 99 years in prison, a $100,000 fine, and the loss of their medical license.

The state presented its own expert witness, who is also a licensed OBGYN, who testified the current language is not vague.

Constitutional law attorney David Coale said the judge has a lot to consider.

"So I'd call this abortion litigation round two," he said. "These are real people that have had real effects, and will that change the legal analysis? I don't know. But it's a very different kind of evidence then what we've looked at before in these cases."

The judge has two motions to consider: The plaintiffs’ request for a temporary injunction to block the law as applied to the patients like the ones who testified, and then there's the state's request to dismiss the case altogether. 

There's no telling how long the judge will take to issue her ruling.