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Texas heartbeat law explained12/6/2023 ![]() ![]() There are reports of people being unable to obtain abortions, despite the fact that their pregnancies fall into these broad exception categories. Conversations about these exceptions, however, often obscure the reality that many of these exceptions can be unworkable in practice. Wade, state abortion bans and the exceptions they contain – or lack – have garnered significant attention. Since the Supreme Court’s Dobbs decision overturning Roe v. ![]() These multiple bans and varying exceptions create confusion among patients and providers. In many states there is more than one abortion ban in the books, in some of those states, the exception provisions in the bans are often at odds with each other.Furthermore, survivors in states where abortion care is restricted can have difficulty finding an abortion provider. Law enforcement involvement is often required to document rape and incest, which often prevents survivors from accessing abortion care.Mental health exceptions are rare despite the fact that 20% of pregnancy-related deaths are attributable to mental health conditions.Many states allow for the removal of a dead fetus or embryo, but pregnant people who are actively miscarrying may be denied care if there is still detectable fetal cardiac activity or until the miscarriage puts the life of the pregnant person in jeopardy. Abortion bans and restrictions have led physicians to delay providing miscarriage management care.In practice, health and life exceptions to bans have often proven to be unworkable, except in the most extreme circumstances, and have sometimes prevented physicians from practicing evidence-based medicine.Nearly all of these bans include exceptions, which generally fall into four categories: to prevent the death of the pregnant person, when there is risk to the health of the pregnant person, when the pregnancy is the result of rape or incest, and when there is a lethal fetal anomaly. Abortion is currently banned in 14 states and many other states have attempted to ban or severely restrict access to abortion.
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