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Some state abortion bans stir confusion, and it's uncertain if lawmakers will clarify them

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Some state abortion bans stir confusion, and it's uncertain if lawmakers will clarify them


Kaitlyn Kash and husband Cory Kash sit at home with their 4-month-old daughter, Sunday, Dec. 17, 2023, in Austin, Texas. Kaitlyn Kash has joined as a plaintiff on the Zurawski v. State of Texas case, a lawsuit that looks to clarify the scope of the state’s abortion ban.Stephen Spillman/AP

Ever since the nation’s highest court ended abortion rights more than a year ago, vaguely worded bans enacted in some Republican-controlled states have caused bewilderment over how exceptions should be applied.

Supporters have touted these exemptions, tucked inside statutes restricting abortion, as sufficient enough to protect the life of the woman. Yet repeatedly, when applied in heart-wrenching situations, the results are much murkier.

“We have black and white laws on something that is almost always multiple shades of gray,” said Kaitlyn Kash, one of 20 Texas women denied abortion who are suing the state seeking clarification of the laws — one of a handful of similar lawsuits playing out across the country.

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State lawmakers there and elsewhere face growing pressure to answer these questions by amending laws in legislative sessions that start in most states next month. But it’s not certain how — or whether — they will.

Before the Supreme Court overturned the 1973 Roe v. Wade decision in June 2022, nearly every state allowed abortion at least until a fetus would be viable outside the womb — around 24 weeks’ gestational age, or about 22 weeks after conception.

Yet the new ruling cleared the way for states to impose tighter restrictions or bans; several had such laws already on the books in anticipation of the decision.

Currently, 14 states are enforcing bans on abortion throughout pregnancy. Two more have such bans on hold due to court rulings. And another two have bans that take effect when cardiac activity can be detected, about six weeks into pregnancy — often before women know they’re pregnant.

Each state ban has a provision that allows abortion under at least some circumstances to save the life of the mother. At least 11 — including three with the strictest bans — allow abortion because of fatal fetal anomalies, and some do when the pregnancy was the result of rape or incest.

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But a provision included in a law enacted by Congress in 1986 and signed by Republican President Ronald Reagan said abortion must be available when a pregnant woman’s life is at risk during a medical emergency.

But a lack of clarity over how to apply that rule and other exceptions in state laws has escalated the trauma and heartache some women experience while facing serious medical issues but unable to access abortion in their home states.

The case of Katie Cox, a Texas woman who sued for immediate access to abortion amid a fraught pregnancy and was denied by the state’s top court, received broad attention this month.

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Meanwhile, Jaci Statton filed a complaint in Oklahoma claiming the state violated the federal rule. She said in court documents that because her own life wasn’t found to be in immediate peril when doctors deemed her pregnancy nonviable, she was told to wait in a hospital parking lot until her conditioned worsened enough to qualify for life-saving care.

In Tennessee, Nicole Blackmon told reporters that a 15-week ultrasound showed that several of her baby’s major organs were growing outside its stomach and it would likely not survive. Even so, her medical team told her she didn’t have the option to have an abortion. She eventually delivered a stillborn baby because she could not afford to travel out of state for an abortion.

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The vagueness surrounding the Volunteer State’s abortion ban has prompted Republican state Sen. Richard Briggs’ push to tweak the law during the upcoming 2024 legislative session. However, it’s unclear how far the measure will advance inside the GOP-controlled statehouse where many members are running for reelection.

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Republicans carved out an extremely narrow exception earlier this year, but Briggs, who is a doctor, said the statute still fails to properly help women and doctors. He wants the law to include a list diagnoses when abortion could be appropriate and protect women with pregnancy complications who may end up infertile if they don’t receive an abortion.

Other states took steps in 2023 to address the confusion, but advocates say they didn’t fully accomplish the task.

In Texas, lawmakers this year added a provision that offers doctors some legal protection when they end pregnancies in cases of premature rupture of membranes, commonly referred to as water breaking, or ectopic pregnancies. which can lead to dangerous internal bleeding.

Across the country, advocates on both sides anticipate more legislatures will consider adding or clarifying abortion ban exceptions and definitions in 2024, though few, if any, such measures have been filed so far.

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“What is and is not an abortion, what is an abortion emergency?” said Denise Burke, senior counsel with Alliance Defending Freedom, a conservative Christian legal advocacy group that his behind many anti-abortion lawsuits. “That may need some clarification in some areas.”

Meanwhile, in state where Democrats are in control, lawmakers are expected to push to loosen abortion restrictions and expand access.

This year, Maine became the seventh state to have no specific limit on when during pregnancy an abortion can be obtained.

Greer Donley, an associate professor at the University of Pittsburgh School of Law, who is an expert on abortion law, said there could be a push for more changes like that: “Many people are questioning whether a line should exist at all right now.”

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The line is stark in Texas, where changes are unlikely in 2024 because lawmakers aren’t scheduled to meet.

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In Texas, Kash and 19 other women who were denied abortions, plus two physicians, have a lawsuit before the state’s Supreme Court seeking to clarify when abortions should be allowed.

Kash, who already had one child, was overjoyed at the thought of telling family and friends that she was expecting. But after a routine ultrasound 13 weeks into pregnancy, she learned that the baby had severe skeletal dysplasia – a condition affecting bone and cartilage growth. Her baby was unlikely to survive birth or likely to suffocate soon after being born.

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“Is this where we talk about termination?” Kash asked her doctor.

“He told me to get a second opinion out of state,” she recalled.

Her health wasn’t immediately at risk of failing, so she didn’t qualify for any of the narrow exceptions to allow her doctor to provide her abortion services. Instead, she went to another state to terminate her pregnancy legally.

In the arguments on the case last month, a lawyer for the patients told the justices about the confusion.

“While there is technically a medical exception to the ban,” Molly Duane, a Center for Reproductive Rights lawyer said, “no one knows what it means and the state won’t tell us.”

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Beth Klusmann, an assistant state attorney general, said that the law does include guidance: Doctors must use “reasonable medical judgment” when deciding whether a pregnant woman’s life is at risk.

She added that “there are always going to be harder calls at the edge” of the lines of any abortion ban.

Marc Hearron, a lawyer at the Center for Reproductive Rights who is leading the Texas case, said he does not have a lot of confidence in lawmakers across the U.S. to do it right generally.

“Legislatures do not have a track record of listening to doctors,” he said. “We’re certainly not waiting on legislatures to do the right thing.”



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Austin, TX

Review | Austin City Limits

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Review | Austin City Limits


Once upon a time, in a land far, far away — Austin, Texas — I was a young music fiend, attempting to sneak into the Austin City Limits music festival (ACL) with the undying need to see the Red Hot Chili Peppers.

Did I get in? I can’t answer that

But what I can say is that this year, my day one of ACL was different. Toss my twisted, wasted youth aside; this year, I was there by the book.

The festival takes place in Zilker Park, an Austin landmark that covers 350 acres of ground. Per usual, the three-day event gathered an incredible lineup, with headliners Tyler the Creator, Dua Lipa, Blink-182, and Chappell Roan.

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There were cowboy boots, rainbow mesh, Chappell Roan fans, Texas Longhorn jerseys, tears, glitter, Chappell Roan fans, suede, leather, and Chappell Roan fans. There was country and pop, but also rap, norteñas, punk, afro-beats, house, and whatever genre the Marías are.

The early afternoons were calm, perfect for discovering new artists. I got myself up to speed listening to Dasha’s “Austin (Boots Stop Workin’),” Mickey Guyton’s “Here With You,” and Vanilla is Black’s “Mezcal.”

The magical Norah Jones sat at her piano against a colorful, bright background, looking the audience square in the face as her fingers softly weighed down her melodies. She played through her latest album Visions, tossing in “Come Away With Me” and “Don’t Know Why” at her set’s end.

Unlike in California, the Texas heat continued through the night. This isn’t Coachella, where you’ll need to somehow incorporate a jacket into your look — nah, baby, this is Texas. The heat’s got nowhere else to be.

Come on now.

I was going to see Chris Stapleton, but I got vetoed. So instead, I went to my first Blink-182 show — Stapleton’s time slot competitor. 

I didn’t grow up listening to Blink, only catching them sometimes on the radio. Well, I realize now that I’m the outlier and that they raised a whole generation of angsty teenage boys turned loyal fans.

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Once I got past the crude jokes and my usual low threshold for pop-punk, I admit they got me with their most known nostalgic hits like “ONE MORE TIME,” “ANTHEM PART 3,” and “What’s My Age Again?” And then, even though they didn’t play this one, later I secretly discovered that I like “Adam’s Song,” which pulls at the strings of my angsty teenage boy heart too.

Rushing to catch the shuttle for downtown Austin, we caught a crucial snippet of Chris Stapleton’s “Tennessee Whiskey.” It’s one of those songs that you hear so much on the radio, you have to hear it live just once.

The shuttle from Zilker Park landed us in Republic Square, where we found ourselves again the next day, doing this whole thing over again.

Movements caught us first thing as they performed on the Honda stage. Mixing a driven, hard rock sound with vulnerable vocals and lyricism, the band had me wanting to bawl my eyes out with their songs “Daylily” and “Fail You.” Every person who has known the long spans of sadness between a “pink cloud day” might understand what Patrick Miranda means in this heartbreaking song about his girlfriend’s battle with depression. 

Eyedress was on my list to see. This man is so very mellow, and he interacted with the crowd in the relaxed way that only he could. In his world, he infuses bedroom pop, lo-fi, and shoegaze to fit his VHS-meets-claymation aesthetic. You might know his songs “Jealous,” “Escape From the Killer,” or “Something About You.”

Remi Wolf saved her hit “Photo ID” for last, her crowd erupting in an earth-shaking roar. The only missing piece was, of course, Dominic Fike, who was originally set to headline this year’s fest.

If you attended any shows earlier this year at SOhO Restaurant & Music Club, you may have seen girl group Say She She’s show there back in February. This weekend, after performing their 3 p.m. set, they joined Khruangbin onstage covering George Strait’s “All My Ex’s Live in Texas.”

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Later that night, Dua Lipa also exuded some Texas pride as she sported a Longhorn’s jersey, matching many in the crowd. Pop queens like her, Reneé Rapp, and Chappell Roan always impress me. Their poise, perfection, and the way they make every song sound like a hit — it’s a science.

Speaking of Chappell Roan, day three was her day. Fans staked out at the American Express stage, sitting, bonding, and playing UNO for most of the day as they waited for their Midwest princess to grace the stage at 6:45 p.m.

Earlier in the day, I had my sights set on seeing Ritchy Mitch and the Coal Miners, but fate had other plans. I missed them at Shabang and then I missed them at ACL. So best believe I won’t be missing them a third time. Wherever that is, that’s where I’ll be. All I want is to see “Evergreen” live. 

Leather-clad Orville Peck was in his full Lone Ranger garb as he crooned some of his best, “C’mon Baby, Cry” and “Dead of Night.” And boy, Willie Nelson has been making some appearances this year. First performing with Stapleton on day one and later dueting with Peck with a heavenly cover of “Cowboys are Frequently, Secretly Fond of Each Other”, the 91-year old country legend has been booked and busy. 

Inevitably 6:45 p.m. rolled around, and everyone knew it was time. Chappell Roan’s fans spanned across the entire park, from the American Express stage to the Honda stage. There’s a reason those two biggest stages are the furthest away from each other.

“I am competing with Chappell Roan,” rapper mike. laughed during his set as her fans bordered the edges of his crowd. Roan announced this would be her last show of the year, making this concert appearance extra special for her fans.

Tyler the Creator had an incredible set — his team designed a whole mountain for him to perform on top of, mimicking the desert landscape of Arizona. Him being Tyler, his energy was the perfect way to end the festival. Fans grasped onto the last bits of the night chanting “WUSYANAME” with him as he jumped all over the stage.

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Tyler the Creator | Photo: Roger Ho; Greg Noire for ACL 2024

ACL wound down, and I embarked on a little camping trip through North Texas. I went to school in Waco, and while it may never fully feel like home, there’s something special about revisiting an old stomping ground. From a bit of controlled music madness to the peaceful outdoors, I can’t complain. 

It reminds me that here and there, I’ll go to the Lone Star State, and she’ll show me a good time.

To listen to some of Nataschia Hadley’s favorite tunes from this year’s lineup, check out her ACL playlist on Spotify: https://spoti.fi/3ObZyxj

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Austin, TX

H-E-B opens another store and True Texas BBQ in Austin suburb

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H-E-B opens another store and True Texas BBQ in Austin suburb


H-E-B opened its newest store in the Austin, Texas, suburb of Pflugerville on Nov. 13, the San Antonio-based grocery chain announced. 

The 127,000-square-foot location, which includes a True Texas BBQ restaurant, opened about a month after H-E-B announced plans for a new location in San Marcos, about 40 minutes south of the Texas capital. That location will also feature a True Texas BBQ restaurant. 

The new Pflugerville store will include a dedicated covered parking area for curbside delivery, a full-service pharmacy with a two-lane drive-thru, a fuel station with car wash, and a Texas Backyard section with gardening and outdoor products, the grocery chain said in a press release. 

H-E-B operates more than 30 True Texas BBQ restaurants now in the state.

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The grocer noted that the Pflugerville location incorporates environmental sustainability elements including CO2 refrigeration units, LED lighting, and native landscaping on the property.

The new store at 2641 E. Pflugerville Parkway is H-E-B’s third Pflugerville location, the retailer said. H-E-B operates more than 435 stores in Texas and Mexico. 

H-E-B has been rapidly expanding across the Lone Star State, breaking ground on a 101,000-square-foot store in Manor, which is just southeast of Pflugerville. The grocer also broke ground on a third location in Georgetown, Texas, in September, about 30 miles north of downtown Austin. That follows the opening of another Georgetown location in 2023. 

On Oct. 9, the grocery chain announced plans to open a new store in the Dallas suburb of Forney. And in June, H-E-B opened a 128,000-square-foot store in the Dallas-Fort Worth Metroplex town of Mansfield, Texas.

In 2023, H-E-B opened four more locations in the Dallas-Fort Worth metro area cities of Allen, Frisco, Plano, and McKinney. 

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The expansion of H-E-B stores in Texas also includes its specialty banners, Joe V’s Smart Shop and Central Market. H-E-B opened a Joe V’s, which is the grocer’s small-format discount concept store, in metro Houston in June and plans to open another in Dallas in Spring of 2025. H-E-B now operates 10 Joe V’s stores in metro Houston. 
H-E-B also recently confirmed that it plans to open a Central Market, a concept store that focuses on natural and organic foods, in Dallas. It will be H-E-B’s 11th Central Market location.





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Austin, TX

Man charged with murder in early Friday morning homicide in North Austin

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Man charged with murder in early Friday morning homicide in North Austin


A man has been arrested in connection with a deadly shooting early Friday morning in North Austin.

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31-year-old William Jameson Bruce has been arrested and charged with first-degree murder and second-degree felony aggravated assault with a deadly weapon.

He is currently in the Travis County Jail and bond has been set at $500,000 for both offenses according to jail records.

MORE CRIME COVERAGE

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Around 1 a.m., on Nov. 15, Austin police were called to the Thurmond Heights apartment complex on Goldfinch Court off Thurmond Street and N Lamar Boulevard near US 183.

When officers arrived, they found the victim dead. 

Multiple homicides in ten days

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This homicide was the fifth in a string of homicides over the last ten days. 

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The first homicide happened Thursday, Nov. 7 at a little after 4:30 p.m. in East Austin on Rosewood Avenue. Investigators said 20-year-old Matthew Escalante was meeting up with someone and was shot. The suspect fled with other people. 

The second homicide happened about an hour and a half later in Northeast Austin. 30-year-old Lavonta Harrison allegedly shot and killed 33-year-old Shelby Wayne Cody who was standing outside the Texas Health and Human Services building when Harrison pulled up.

Harrison has been charged with first-degree murder in Cody’s death.

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The third homicide happened on Sunday in Southeast Austin at East William Cannon Drive. Police said at around 6:30 p.m. Elijah Martinez was stabbed in the chest in a homeless encampment next to the AutoZone. A suspect has not been arrested yet.

The fourth homicide happened on Wednesday at a gas station in South Austin. Court documents said 32-year-old Luis Marroquin admitted to stabbing a man he knew as ‘Flacco’ after he had said something he didn’t like. He said he didn’t mean to kill him, just intended to hurt him. The victim has not been identified as of Friday, Nov. 15.

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The sixth homicide happened on Saturday in North Austin, just 24 hours and ten minutes away from the Thurmond Heights homicide. 

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Just after 4 a.m. on Nov. 16, Austin 911 received reports of gunshots at the Espero Rutland apartment complex in the 1900 block of Rutland Drive near Metric Boulevard.

Officers responded about five minutes later and found a woman with gunshot wounds inside one of the apartments. Despite life-saving measures, the woman died from her injuries at the scene. There is currently no word on a suspect or arrest as of Sunday.

The Source: Information in this report came from reporting by FOX 7 Austin’s Meredith Aldis, court and jail records, and previous reporting by FOX 7 Austin.

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