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Texas Supreme Court rejects challenge to state abortion ban's medical exceptions

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Texas Supreme Court rejects challenge to state abortion ban's medical exceptions

The Texas Supreme Court on Friday rejected a lawsuit challenging the state’s abortion ban over its medical exceptions.

The court ruled against a group of women who suffered serious pregnancy complications and became the first in the country to testify in court about being denied abortion access since Roe v. Wade was overturned in 2022.

In a unanimous ruling, the court upheld the Texas law after the women filed a lawsuit in March 2023 seeking clarity on when exceptions to the abortion ban are permitted, arguing the law was confusing for doctors who might turn away patients over fears of repercussions.

The same issue was at the center of a separate lawsuit brought last year by Dallas mother Kate Cox, who sought court permission to obtain an abortion after her fetus developed a fatal condition during a pregnancy that resulted in multiple trips to an emergency room. She eventually left the state to have the procedure.

MAN FINED FOR STANDING SILENTLY OUTSIDE UK ABORTION CLINIC, OFFICERS COULDN’T TELL HIM HIS CRIME

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Demonstrators march and gather near the Texas state Capitol in Austin following the U.S. Supreme Court’s decision to overturn Roe v. Wade on June 24, 2022. (AP Photo/Eric Gay)

The court said Friday that the law’s exceptions are broad enough and that doctors would be misinterpreting the law if they decided not to perform an abortion when the mother’s life is in danger.

“Texas law permits a life-saving abortion,” the court wrote in the order signed by Justice Jane Bland.

The decision closed, at least for now, another pathway for opponents who have attempted to force the state to provide more clarity about when exceptions to abortions are allowed. Last year, plaintiffs in the lawsuit testified in court how they carried babies they knew would not survive and continued with pregnancies that put their health at risk.

Plaintiff Kaitlyn Kash, whose fetus developed severe skeletal dysplasia, was told even the simplest movements could break its bones in utero. Her life was not threatened, but she still chose to leave Texas for an abortion.

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“I wanted to end my child’s pain before it could begin,” Kash said. “The state just told me that as a mother, I don’t have the right to make those decisions for my child. … If you want to grow your family, if you want to have children, you should get out of Texas.”

The Texas law states that doctors who perform abortions risk life in prison, fines of up to $100,000 and could lose their state medical licenses.

“Now we know the courthouse doors are closed to them,” said Molly Duane, a staff attorney for the Center for Reproductive Rights, which represented the group of Texas women. “It seems Texans have nowhere to go but the voting booth, in terms of what comes next.”

Last year, a lower court granted a temporary injunction preventing Texas from enforcing the ban against doctors who performed an abortion using their “good faith judgment” after determining a pregnancy was unsafe due to medical complications. That ruling, however, was immediately blocked after an appeal from the Texas attorney general’s office to the state’s Supreme Court.

The Texas Supreme Court rejected a lawsuit challenging the state’s abortion ban over its medical exceptions. (REUTERS/Callaghan O’Hare)

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The lead plaintiff in the lawsuit, Amanda Zurawski, had been told that she had a condition that her baby would not survive. She said she was forced to wait until she was diagnosed with a life-threatening case of sepsis before obtaining an abortion. She spent three days in intensive care and was left with a permanently closed fallopian tube from an infection, affecting her ability to have more children.

The court ruled Friday that state law does not require that a woman’s death or serious impairment be “imminent” when she is evaluated by a doctor for a potential abortion.

“Ms. Zurawski’s agonizing wait to be ill ‘enough’ for induction, her development of sepsis, and her permanent physical injury are not the results the law commands,” the court wrote.

Zurawski said the ruling was “heartbreaking.”

“I am outraged on behalf of my fellow plaintiffs who the Court deemed not sick enough,” Zurawski said. “We all deserve bodily autonomy. Every day, people in Texas are being told that they have no options. It’s sickening and wrong.”

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Republican Texas Attorney General Ken Paxton praised the ruling after his office defended the law in this case.

LOUISIANA CLASSIFIES ABORTION DRUGS AS CONTROLLED, DANGEROUS SUBSTANCES AFTER GOV. LANDRY GREENLIGHTS PROPOSAL

Amanda Zurawski introduces President Joe Biden to speak at an event on the campus of George Mason University in Manassas, Va., Tuesday, Jan. 23, 2024, to campaign for abortion rights. (AP)

“I will continue to defend the laws enacted by the Legislature and uphold the values of the people of Texas by doing everything in my power to protect mothers and babies,” Paxton posted on X, the platform formerly known as Twitter.

The lawsuit argued that exemptions under the Texas law, which allow an abortion to save a mother’s life or prevent the impairment of a major bodily function, led to confusion among doctors, who were turning away some pregnant women experiencing health complications because they feared repercussions.

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The plaintiffs said the abortion ban, which allows an abortion to save a mother’s life or prevent the impairment of a major bodily function, has made doctors fear of potential liability if the state does not consider a case a medical emergency.

New guidelines proposed by the state medical board earlier this year did not provide much beyond advising doctors to meticulously document their decision-making. The Republican-led state Legislature is not expected to make any changes to the law’s language.

The Associated Press contributed to this report.

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University of Oklahoma teaching assistant fired after flunking Christian student files appeal with school

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University of Oklahoma teaching assistant fired after flunking Christian student files appeal with school

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A University of Oklahoma graduate teaching assistant who was fired after flunking a Christian student who cited the Bible in an essay, causing a national uproar, is appealing the school’s decision. 

Brittany Stewart, a self-employed and self-described civil rights lawyer, said she is representing William “Mel” Curth, who assessed student Samantha Fulnecky a zero out of 25 on an assignment about gender norms.

“Today, my client, Mel Curth, submitted her appeal of the University’s Institutional Equity Office finding that she engaged in arbitrary and capricious grading of a student’s assignment in violation of that student’s religious liberty,” Stewart said on Bluesky earlier this week.

OU student Samantha Fulnecky, with her Bible, in the Oklahoma Memorial Union, Monday, Nov. 24, 2025. (Doug Hoke/The Oklahoman/Imagn Images)

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“Ms. Curth fully denies that she engaged in any discriminatory behavior,” the statement continues. “It is her position that the investigation was flawed, failed to consider all possible motives and issues, and that new evidence has come to light that undermines the investigation’s conclusion.”

CONSERVATIVE PROFESSOR SLAMS 0 GRADE FOR OKLAHOMA STUDENT’S BIBLICAL ESSAY AS PUNITIVE: ‘VERY INAPPROPRIATE’

Stewart did not specify what the new evidence is.

For the assignment, Curth, who uses she/they pronouns, asked students to read a short paper called, “Relations Among Gender Typicality, Peer Relations, and Mental Health During Early Adolescence,” which discusses results of a study about gender norms among middle schoolers and the social ramifications children may face if they don’t conform to gender norms.

The students were instructed to provide a “thoughtful discussion of some aspect of the article.”

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Fulnecky, a junior at the school, responded by saying she thought gender norms should not be viewed as stereotypes. She cited Genesis, the first book of the Bible, in which God created men and women equally, but with separate purposes.

UNIVERSITY OF OKLAHOMA REMOVES PROFESSOR FOR ALLEGED DISCRIMINATION RELATED TO TA WHO GAVE CHRISTIAN STUDENT 0

Students walk on campus between classes at the University of Oklahoma on March 11, 2015, in Norman, Oklahoma. (Brett Deering/Getty Images)

“Gender roles and tendencies should not be considered ‘stereotypes,’” Fulnecky wrote in her essay. “Women naturally want to do womanly things because God created us with those womanly desires in our hearts. The same goes for men. God created men in the image of His courage and strength, and He created women in the image of His beauty. He intentionally created women differently than men and we should live our lives with that in mind.”

She later described the normalization of non-binary gender as “demonic.”

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Curth took exception to Fulnecky’s response.

“Please note that I am not deducting points because you have certain beliefs, but instead I am deducting point [sic] for you posting a reaction paper that does not answer the questions for this assignment, contradicts itself, heavily uses personal ideology over empirical evidence in a scientific class, and is at times offensive,” Curth’s explanation for the grade said, later adding that the essay was “offensive” and claiming that science backs the idea that “gender is neither binary nor fixed.”

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There were three grading criteria, according to Fulnecky, who said none of those criteria listed empirical evidence as a requirement.

“Does the paper show a clear tie-in to the assigned article?” was the first, worth up to 10 out of the assignment’s 25 total points.

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“Does the paper present a thoughtful reaction or response to the article, rather than a summary?” was the second, also worth up to 10 points.

“Is the paper clearly written?” was the last criterion, worth up to five points.

OU student Samantha Fulnecky, with her Bible, in the Oklahoma Memorial Union, Monday, Nov. 24, 2025. (Doug Hoke/The Oklahoman/USA Today Network via Imagn Images)

OU STUDENT’S ZERO FOR CHRISTIAN-BASED GENDER CRITIQUE TRIGGERS CONGRESSIONAL PUSHBACK OVER ACADEMIC BIAS

Fulnecky filed an official religious discrimination complaint with the school after receiving the zero grade, and Curth was put on administrative leave pending an investigation.

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On Dec. 22, the University of Oklahoma released a statement saying Curth had been fired.

“Based on an examination of the graduate teaching assistant’s prior grading standards and patterns, as well as the graduate teaching assistant’s own statements related to this matter, it was determined that the graduate teaching assistant was arbitrary in the grading of this specific paper,” the school said. “The graduate teaching assistant will no longer have instructional duties at the University.”

Stewart said in her statement that Fulnecky had an ulterior political motive for challenging the grade, and slammed the university for making public statements while she said Curth is bound by “confidentiality rules.”

“Rather than engaging in discrimination, Mel Curth has been the target of a political movement that seeks to silence and/or oust LGBTQ people from academia,” Stewart’s statement concludes. “Ms. Curth will continue to fight back against these harmful allegations.”

A University of Oklahoma campus sign is pictured in Norman, Oklahoma, on Dec. 1, 2024. (Kirby Lee/Getty Images)

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Missing 19-year-old Camila Mendoza Olmos believed to be ‘in imminent danger,’ Texas sheriff says

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Missing 19-year-old Camila Mendoza Olmos believed to be ‘in imminent danger,’ Texas sheriff says

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Bexar County Sheriff Javier Salazar indicated that authorities believe that Camila Mendoza Olmos, a 19-year-old woman who went missing on Christmas Eve, is “in imminent danger.”

The FBI is supplying technical aid and the Homeland Security Department is keeping an eye on border crossings as well as international travel, Salazar indicated, according to ABC News. 

“We definitely don’t want to miss anything,” he said, according to the outlet. “The ground search is somewhat limited to a couple of square miles. We’re also not ruling out that this case may take us outside the borders of the continental United States.”

TEXAS 19-YEAR-OLD CAMILA MENDOZA OLMOS VANISHES OUTSIDE HER HOME ON CHRISTMAS EVE

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Camila Mendoza Olmos, 19, was last seen outside her home in San Antonio, Texas, on Christmas Eve, authorities said. (Bexar County Sheriff’s Office)

The sheriff confirmed to ABC that the young woman had not been detained by U.S. Immigration and Customs Enforcement, which he verified despite Olmos being an American citizen.

“That was a personal concern. So, I had it checked to make sure that there were no stops, no detentions, and that she’s not somewhere in a federal detention facility. That is something we needed to check,” Salazar noted, according to the outlet.

Fox News Digital reached out to the sheriff’s office for comment.

TEXAS FATHER RESCUES KIDNAPPED DAUGHTER BY TRACING HER PHONE’S LOCATION, SHERIFF’S OFFICE SAYS

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Camila Mendoza Olmos was last seen around 6:58 a.m. on Wednesday, Dec. 24, 2025, in northwest Bexar County, Texas. (Bexar County Sheriff’s Office)

A December 24 Bexar County Sheriff’s Office Facebook post noted, “Camila was last seen leaving her residence at approximately 6:58 a.m. on Wednesday, December 24, 2025. Video footage from that time shows an unknown individual, believed to be Camila, searching inside her vehicle for an unidentified item. Moments later, the footage ends. It is believed that she left the residence on foot, as her vehicle remained at the location.”

The post notes, “The only items known to be on her person are her car key and possibly her driver’s license. Camila’s mother stated that Camila normally goes for a morning walk; however, she became concerned when Camila did not return within a reasonable period of time.”

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The Bexar County Sheriff’s Office said, “It is believed that she left the residence on foot, as her vehicle remained at the location.” (Google Maps)

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The sheriff’s office indicated in the post that she had been “Last seen wearing: Baby blue with Black Hoodie, Baby blue Pajama bottoms, White shoes.”

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DAVID MARCUS: At AmericaFest, two legacies hang in the balance, Charlie Kirk’s and Donald Trump’s

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DAVID MARCUS: At AmericaFest, two legacies hang in the balance, Charlie Kirk’s and Donald Trump’s

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There are two legacies hanging in the balance this weekend in Phoenix as Turning Point USA puts on its annual AmericaFest conference, first is its late founder, Charlie Kirk’s and the other is President Donald Trump’s. 

At the convention center here in Arizona, as many as 25,000 attendees are expected to gather to celebrate the life of Kirk, who was tragically murdered just months ago, but also to try to chart a course forward for the movement he marshaled.

Arriving a bit late on Thursday, I was greeted by Lucas, a TPUSA employee from Detroit in his mid-twenties. He was a picture-perfect ambassador, a clean-cut kid who is eschewing his generation’s almost epic bout of despair and instead leaning in to create positive change.

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“The energy has been amazing,” he told me, referring to the huge upswing in interest in TPUSA since Kirk’s horrible murder.

“Not the way you’d want it to happen,” I somewhat darkly noted, but Lucas said, “You have to find the silver lining, I guess.”

Lucas and the hundreds like him are honestly an inspiration, while so many of their generation are out of shape from toe to top, they see a bright future for America that so many of us in advanced years have long ago forgotten.

But do not get the impression that at AmFest this year all is hugs and kumbaya. Iin fact, what you will find here are the early stages of a war to define what Donald Trump’s legacy, and the legacy of his MAGA movement will be.

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Thursday night’s lineup on the big stage was a potent mix, featuring both Ben Shapiro of the Daily Wire and Tucker Carlson, whose current feud over Israel has become a bit more than nasty.

I won’t litigate the feud here, it’s all on video after all, but the broader point is that some lines are being drawn ahead of the first presidential race in a while, in 2028, that presumably will not include the name Trump on the ballot.

‘PEOPLE WERE LISTENING’: PROSECUTOR SAYS CHARLIE KIRK WAS TARGETED FOR HIS INFLUENCE

At Amfest, we finally have more than tea leaves to tell us what the conservative movement after Trump and Kirk will look like — we have the actual tea, and a few stains to boot.

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The factions are becoming clear, Charlie Kirk’s widow Erika, in her speech Thursday enthusiastically endorsed Vice President JD Vance for president, while Shapiro said, more moderately, that Vance would have to build his own coalition.

Is Shapiro lining up a movement behind a potential candidate like Texas Republican Sen. Ted Cruz who has not been a member of Donald Trump’s, let’s face it, somewhat obsequious court of the Oval Office, and if so, can Erika Kirk’s power thwart such a play?

This weekend in Phoenix has assembled the people with the strongest claim to the MAGA movement — a once disparate band of misfits whose allegiance to the “orange man” who kept winning put them at the forefront of American power and politics.

Many of the grave and profound conservative voices and pundits of old, who give no truck to the New Right have fled ship for think tanks or psuedo-right-wing journals that exist only to destroy Trump and his movement, but they are not the vanguard. The real fight is here.

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What plays out over this weekend in Phoenix will have profound implications not just for next year’s midterms, but for the presidential race in 2028.

President Donald Trump shakes hands with Charlie Kirk, founder and executive director of Turning Point USA, during a panel discussion at the Generation Next Summit at the Eisenhower Executive Office Building on March 22, 2018, in Washington.  (Jabin Botsford/The Washington Post via Getty Images)

Legacies are matters of the future, and it is only the young attendees at Amfest who will see the longest lasting fruits of the American conservative movement — a movement still firmly shaped by Charlie Kirk.

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It is both remarkable and stark to see the myriad and often giant images of their Charlie around the convention center amid his earthly absence. Each image is a reminder both of his life’s great success and its tragic end.

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But Charlie Kirk’s legacy will not be a statue, or a plaque. His legacy will live in the hearts of the young kids assembled in Phoenix this weekend. Maybe they are naïve. Maybe they are not withered and weathered by life’s brutal storms. God bless them for their hope. We could use a bit more of it.

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