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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

Where is Cade Klubnik from? Hometown, high school and more about Clemson QB's Texas roots | Sporting News

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Where is Cade Klubnik from? Hometown, high school and more about Clemson QB's Texas roots | Sporting News


When Clemson travels to Austin to play Texas in the College Football Playoff on Saturday afternoon, it will be a bit of a homecoming for the Tigers’ quarterback. Cade Klubnik grew up in Austin, Texas, and he will be returning to play football in the area for the first time since leaving to attend Clemson.

As a member of the ACC, Clemson doesn’t typically travel to Texas for games, so Klubnik may not have expected to play close to where he grew up in college. But not only is he getting a chance to return to his hometown, he does so in the most important game of the season for either team.

While the 21-year-old junior is trying keep his focus on beating Texas, he did mention the excitement in playing in his hometown again.

“Obviously I’ve had quite a few people reach out to me in the last week and a half,” Klubnik said, via On3. “I think like last Sunday, Monday, Tuesday, I just kind of embraced it and just kind of got to sit there and enjoy the feeling of, ‘Hey, I’m getting to go home.’ You know, the guys I’m getting to be playing, the people that are going to be there, and just kind of enjoyed that for one or two days.”

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Ahead of Clemson’s showdown against Texas in Austin, here is a breakdown of Klubnik’s history growing up in Austin, Texas.

MORE COLLEGE FOOTBALL NEWS:

Cade Klubnik high school

Before starring at Clemson, Klubnik attended Westlake High School in Austin, Texas, which is just 20 minutes away from the University of Texas’ campus. If that high school sounds familiar, it’s because Westlake High School has many famous alumni athletes that graduated over the years.

Among famous Westlake graduates include Drew Brees, Nick Foles, Justin Tucker and Sam Ehlinger, the latter two players stayed close to home by attending Texas in college. 

Additionally, in 2020, Klubnik helped lead Westlake to the state title, and he did so by beating then-Southlake Carroll quarterback Quinn Ewers in the finals. On Saturday, Klubnik and Ewers will meet for the first time since that game in January of 2021.

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Cade Klubnik high school stats

Year Games Completion Percentage Passing Yards Touchdowns Interceptions
2019 12 76.8% 680 8 1
2020 14 67.7% 3,495 35 3
2021 13 71.1% 3,215 43 3

Klubnik was a star in high school, which led to him becoming a five-star recruit in the class of 2022. According to 247 Sports, Klubnik was ranked No. 13 in the country, and No. 2 among quarterbacks, when he chose to attend Clemson for college. 

Cade Klubnik college stats

Year Games Completion Percentage Passing Yards Touchdowns Interceptions
2022 10 61% 697 2 3
2023 13 63.9% 2,844 19 9
2024 13 63.7% 3,303 33 5

Klubnik took over as Clemson’s starter in 2023, and after an unspectacular first season, he improved his play in his second as a starter this year.



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Austin mother charged with capital murder in death of 6-week-old infant son

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Austin mother charged with capital murder in death of 6-week-old infant son


AUSTIN, Texas (KWTX) – Jacqueline Mendoza-Ramirez, 21, of Austin, is charged with capital murder in the death of her 6-week-old infant son.

On Nov. 27, Austin police say officers responded to the Dell Children’s Medical Center, located at 4900 Mueller Boulevard, for a dead person call.

The parents of a 6-week-old infant had taken their baby to the hospital as he was not breathing, police say.

Hospital staff attempted life-saving measures on the infant but were unsuccessful, and the infant was pronounced dead at the hospital, according to police.

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Additional authorities responded to process the scene, and their initial investigation showed the infant had several trauma injuries on his body, police say.

Police say CPS was notified and the parents of the infant were interviewed.

On Dec. 18, an arrest warrant for capital murder was issued for Mendoza-Ramirez in the death of the infant. She was arrested the same day, according to police.

Anyone with additional information is asked to call Austin police at 512-974-8477.

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Austin, TX

Joe Rogan’s Texas house value drops 20% in Austin housing market downturn

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Joe Rogan’s Texas house value drops 20% in Austin housing market downturn


What’s New

Joe Rogan’s Texas home has dropped a whopping 20 percent in value as the Austin housing market experiences a rapid downturn.

Rogan originally purchased the home for $14.4 million in 2020, right when Austin was gaining ground as one of the top pandemic era housing markets.

Why It Matters

Many Americans fled to Austin from high-cost areas in New York and California while looking for lower home prices and cost of living. And in the age of remote work and coronavirus shutdowns, many also moved to be in a place with Texas’ minimal social distancing restrictions.

Joe Rogan MC’s during the UFC 300 ceremonial weigh-in at MGM Grand Garden Arena on April 12, 2024 in Las Vegas, Nevada. Rogan’s Austin home dropped 20 percent in value in just four years.

Carmen Mandato/Getty Images

What To Know

Rogan originally moved from California to the Austin property in 2020 after securing a $100 million deal with Spotify.

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But now, just four years later, Redfin values the home at just $10.8 million.

Rogan’s home has eight bedrooms and nearly 11,000 square feet. It also boasts a lakeside view, but even the most luxurious estates aren’t immune from Austin’s real estate market changes.

In November, data showed Austin home listings were over 10,000, compared to just 7,000 during the pandemic.

Texas has long been on a population upswing, growing by more than 9 million residents between 2000 and 2022. And the pandemic saw an even larger boost in new people seeking out the state’s job market, warm weather and cheap cost of living.

In 2022 alone, the Lone Star State’s population climbed by 470,708 people, according to the U.S. Census Bureau.

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Initially, when so many people moved in the pandemic, house prices skyrocketed upwards, as the market was not able to keep up with the surge in demand.

To fix that, Texas home suppliers quickly ramped up construction, but now the housing market is experiencing the opposite problem—too much supply and too little demand, causing prices to trend down.

Still, Austin’s home prices are up 6.8 percent year over year, according to Redfin. That brought a median sale price of $550,000 in November.

What People Are Saying

Alex Beene, a financial literacy instructor for the University of Tennessee at Martin, told Newsweek:

“Austin was one of the hottest real estate markets in the country before the pandemic, and relocating during that stretch of time only increased demand in a city that had fewer statewide health-related restrictions than its contemporaries did. With the pandemic over and remote work becoming for many jobs a thing of the past, there’s less demand, which is incredibly problematic for a city that had been ramping up in creating more housing units to meet a surging market.”

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“Texas housing supply has spiked to [its] highest level since at least 2017,” Nick Gerli, CEO of real estate data platform Reventure App, wrote on X, formerly Twitter. “Active listings are up 25 percent YoY, and a massive 263 percent from the pandemic low. Texas is no longer in an inventory shortage. And is now oversupplied.”

“2020-21 was near the peak of the real estate market in many parts of the country,” title and escrow expert Alan Chang told Newsweek. “During this time, there was so much competition for desirable properties that valuations were increasing at an unsustainable rate. It’s normal for many markets to see some leveling or more substantial corrections after that historic time period.”

“Rising interest rates are the main culprit behind lower housing values,” Kevin Thompson, a finance expert and the founder and CEO of 9i Capital Group, told Newsweek. “Housing prices surged after the pandemic as inflation rose, creating a disconnect between prices and underlying fundamentals. Now, prices are correcting downward, moving back toward equilibrium.”

What’s Next

As Austin sees a surge in new homes becoming available, there will inevitably be less demand in the once thriving housing market.

“It’s a difficult spot to be in, and even homes owned by some of Austin’s wealthiest residents are finding their property down substantially in value from where it was a few short years ago,” Beene said.

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Chang said 2025 will likely bring more price correction in the Austin market after the rapid increase seen in the last few years.

“Real estate should be a long-term investment and not a short-term roller coaster that we experienced in the recent past,” Chang said.



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