“Facing Denial: Texas Court Rejects Abortion for a Doomed Pregnancy, Leaving Her Without Mercy”
In an emotionally charged courtroom in Austin, Texas, Samantha Casiano recounted the heart-wrenching story of her doomed pregnancy, which resulted in a baby who lived for only four hours. Overwhelmed with emotion, she broke down on the witness stand, prompting her husband, Luis Villasana, to rush to her aid. This touching scene unfolded during a hearing challenging the abortion bans in Texas.
Casiano was one of three courageous women who delivered powerful testimonies about their pregnancies in the courtroom, which remained hushed and spellbound. The case was brought forth by the Center for Reproductive Rights on behalf of 13 patients and two doctors. They argue that Texas’ medical exceptions to abortion laws are unclear and impractical for doctors, leading to harm for patients. Additionally, they point out that the state has failed to provide adequate clarification of its laws.
Remarkably, this case marks the first time since the Supreme Court’s decision to end the constitutional right to abortion last June that the experiences of women have been heard openly in court.
During Wednesday’s proceedings, the lawyers representing Casiano and the other plaintiffs urged the judge to temporarily suspend the bans for people facing medical complications in their pregnancies while the case unfolds. On the other hand, State Attorney General Ken Paxton’s office is seeking to have the case dismissed. The hearing is set to continue on Thursday.
In the courtroom of the Travis County Civil District Court, benches were filled with reporters, plaintiffs, and their supporters, including several husbands. Members of the anti-abortion rights group, Texas Alliance for Life, were also present.
Eight attorneys represented the patients and doctors who were challenging the law, while on the opposing side, two attorneys represented defendant Texas Attorney General Ken Paxton. The presiding judge, Jessica Mangrum, was elected as a Democratic judicial candidate in 2020.
Notably, Paxton, who is currently suspended, is facing an impeachment trial in September on allegations of bribery and abuse of power.
Throughout the hours of emotional testimony, the atmosphere in the courtroom remained tense and subdued. Samantha Casiano, who had previously shared her story with NPR in April, was overwhelmed as she recounted her experiences. Her emotions took over, leading to tears, coughs, and gagging while in the witness box, prompting a recess in the court proceedings.
Brandt managed to leave Texas and seek a selective reduction for one of the twins whose skull hadn’t developed correctly. On the other hand, Zurawski faced the tragic situation of her water breaking prematurely, but she was refused both induction and abortion. Subsequently, she suffered septic shock, and her condition became critical, requiring three days of intensive care unit treatment.
Assistant Attorney General Amy Pletscher, representing Paxton’s office, frequently objected as the women shared their experiences of untreated pregnancy complications in Texas. She argued that discussing past medical history was irrelevant, but the judge allowed the testimony to continue. Pletscher also questioned each patient witness if Attorney General Ken Paxton had personally denied them an abortion, to which they all responded negatively.
During cross-examinations, Pletscher repeatedly pressed the witnesses to reveal the names of their doctors. The abortion bans in Texas carry civil and criminal penalties, including potential life imprisonment, for doctors, but not for women seeking abortions.
The final witness on Wednesday was Dr. Damla Karsan, one of the physician plaintiffs in the lawsuit. She shared the distressing case of a patient with a fetus having a fatal condition who had to travel 14 hours out of state to obtain an abortion. Dr. Karsan expressed her frustration, feeling limited in her ability to provide the necessary care despite having the training, expertise, and facilities, which she described as gut-wrenching.
Lawyers representing Texas took an especially aggressive approach in cross-examining Dr. Damla Karsan. Attorney Jonathan Stone repeatedly questioned her familiarity with the exception language in Texas law prior to the current regulations and inquired about various hospital policies where she practices. Furthermore, in their June filing, Paxton’s office attorneys referred to Dr. Karsan as an “abortionist” instead of acknowledging her as a physician or OB-GYN.
After the hearing adjourned, plaintiff Amanda Zurawski expressed her shock at the callousness of the cross-examination during a press conference. She likened the experience to the trauma she endured while surviving sepsis.
The hearing is set to continue for a full day on Thursday. Once concluded, Judge Mangrum may rule on the temporary injunction and the motion to dismiss at any time.
