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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.

Pro-choice advocates stand outside with signs, one sign saying "Keep Abortion Legal"

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

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.

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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.”

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

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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.

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.

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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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Southwest

Fox News Poll: Voters' choice has flipped in Arizona since last month

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Fox News Poll: Voters' choice has flipped in Arizona since last month

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Former President Trump is narrowly ahead of Vice President Kamala Harris in the presidential contest in Arizona, as the Democratic nominee loses ground among women, Hispanics and young voters.

A new Fox News survey of Arizona voters finds Harris trails Trump by 3 percentage points among likely voters in both the two-way matchup (48%-51%) and the expanded ballot that includes third-party candidates (47%-50%, with 3% backing other candidates). While 9 in 10 say their vote choice is locked in, both Harris and Trump have a handful of supporters saying they may change their mind.  

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In August, Harris was up by 1 point in the horse race among registered voters (50%-49%), while she’s down by 2 points today (48%-50%). All of these matchups are within the margin of error. 

The 3-point shift among registered voters is mainly due to movement among young voters, women and Hispanics.  

Since August, Harris’ 18-point lead among Hispanics has narrowed to 11 points and her 14-point edge among women is down to 8 points. What was a 13-point advantage for Harris among voters under age 30 is now a 12-point deficit, a 25-point shift. These changes are notable, even given that estimates among subgroups are more volatile.

HARRIS-TRUMP SHOWDOWN: THE EDGE IS CLEAR ON THIS KEY ISSUE

Trump tops Harris among Whites without a college degree, rural voters and independents. He has a narrow edge among suburbanites because more suburban men back him than suburban women favor Harris. And, by just a touch, more of his 2020 voters stick with him than Biden’s 2020 voters back Harris.

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Harris has strong support among those ages 65 and over, voters with a college degree and urban voters, and still receives majority backing among women and Hispanics. Plus, 1 in 4 non-MAGA Republicans favors Harris over Trump.  

By a 51%-46% margin, Trump leads among new voters, defined as those who haven’t voted in the four most recent elections.  

“Arizona is looking tougher for Harris than a month ago,” says Democratic pollster Chris Anderson, who conducts Fox News surveys with Republican Daron Shaw. “If young voters and Hispanics don’t make a U-turn, it’s hard to see how she walks away with a win.”

More Arizona voters trust Trump than Harris to handle immigration (by 15 points) and the economy (+8). Those are significant leads, and they match where things stood last month — but compared to his June leads over President Biden, Trump’s advantage is down 5 points on immigration and down 7 points on the economy.  

Trump is also seen as being better at making the country safe by 7 points.  

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There’s little difference between the candidates on who will better protect democracy (Harris +3), help the middle class (Harris +2), fight for people like you (Harris +2), and bring needed change (Trump +1). 

Harris leads Trump by 15 points on handling abortion, down from her 22-point lead last month. 

More than 7 in 10 Arizona voters favor the state’s proposed constitutional amendment establishing the right to an abortion, including more than two-thirds of independents and half of Republicans. 

The two candidates are about equal in personal favorable ratings. Harris gets net negative marks by 3 points (48% favorable, 51% unfavorable), while Trump’s are negative by 5 points (47%-52%). For the vice-presidential candidates, Minnesota Gov. Tim Walz’s ratings are negative by just 1 point (42%-43%) with 15% unable to rate him. Ohio Sen. JD Vance’s favorable rating is underwater by 7 points (40%-47%) and 12% have no opinion.  

Trump won Arizona in 2016 by about 3.5 percentage points, while Biden’s 2020 victory was by less than half a percentage point.

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In the Senate race, Democrat Ruben Gallego tops Republican Kari Lake by more than 10 percentage points: 55%-42% among likely voters and 56%-42% among registered voters. Gallego is preferred across most demographic groups, but women voters are a big part of what gives him the advantage as they back him over Lake by a 23-point margin. He also receives the support of 6 in 10 independents and nearly 2 in 10 Republicans.

FOX NEWS POLL: VOTERS CITE HIGH PRICES AS BIGGEST MOTIVATOR TO VOTE

Some 15% of Gallego supporters split their ticket and back Trump in the presidential race. Some of the biggest ticket splitting is among independents, who are 16 points more likely to back Gallego than Harris, and Republicans (10 points more for Gallego). Among those voters favoring Lake, only 3% go for Harris.

Poll-pourri

Early voters are more likely to back Harris by 11 points, while Trump is favored by 30 points among the smaller group of Election Day voters.

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Biden’s personal favorability is negative by 21 points, 39% favorable vs. 60% unfavorable. That’s a big decline from four years ago when his ratings were positive by 2 points (June 2020).  

 

Thirty percent rate the U.S. economy positively, up from 25% who said the same four years ago.          

CLICK HERE FOR TOPLINE AND CROSSTABS

Conducted Sept. 20-24, under the joint direction of Beacon Research (D) and Shaw & Company Research (R), this Fox News Poll includes interviews with a sample of 1,021 Arizona registered voters randomly selected from a statewide voter file. Respondents spoke with live interviewers on landlines (147) and cellphones (616) or completed the survey online after receiving a text (258). Results based on the registered voter sample have a margin of sampling error of ±3 percentage points ,and for the subsample of 764 likely voters it is ±3.5 percentage points. Weights are generally applied to age, race, education and area variables to ensure the demographics of respondents are representative of the registered voter population. Likely voters are based on a probabilistic statistical model that relies on past voting history, interest in the current election, age, education, race, ethnicity, church attendance and marital status.

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Fox News’ Victoria Balara contributed to this report.

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Southern California thieves drill into vehicles to steal gasoline

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Southern California thieves drill into vehicles to steal gasoline

An Inland Empire resident is warning others after thieves targeted and drilled into her vehicle to steal gasoline.

The incident occurred on Sept. 19 as Heather Velasco parked her truck outside Kindred Hospital in Rancho Cucamonga where she works.

Later that day, she and a coworker were heading out to lunch when she approached her truck and noticed a strong gasoline odor.

Thinking it was emanating from a nearby diesel truck, they got into the car and began driving but immediately, Velasco knew something was wrong. Her truck was only three years old, so she was surprised anything would be malfunctioning.

“We drove across the street and my car started sputtering,” she recalled.

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She eventually pulled over and that’s when she discovered someone had drilled into her truck’s fuel tank to empty the vehicle.

  • The thieves drilled a hole into the truck's fuel tank from underneath the victim's truck. (KTLA)
  • Heather Velasco is seen outside her truck and sharing her story with KTLA's Shelby Nelson after thieves drilled holes into her car's fuel tank to steal gasoline. (KTLA)
  • A suspect was arrested in Upland for  attempting to steal gasoline from a box truck's fuel tank on Sept. 23, 2024. (Upland Police Department)
  • A suspect was arrested in Upland for  attempting to steal gasoline from a box truck's fuel tank on Sept. 23, 2024. (Upland Police Department)

“I just looked under and sure enough, there was a hole and it was leaking gas and then I looked up and I saw another hole,” she said.

Velasco called the police and had her truck towed away. She was left with costly repairs in the aftermath — pay $4,000 upfront to fix the damages or pay a $1,000 deductible with an increase to her insurance premium. She chose to fix her truck by claiming her insurance.

She was also left without a car for a week which meant relying on others to drive her three children to school and at times, missing out on shifts at her workplace.

“It’s hard times,” Velasco said. “We’re living in times where everything is inflated. Trying to raise a family and trying to do things right. You’re not getting anywhere because you got these criminals on the run and they’re just doing whatever they want.”

Police noted there have been several cases of gas siphoning in the area since 2023.

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In nearby Upland, police arrested a man on Sept. 23 for allegedly trying to steal gas from a box truck on the 800 block of North Mountain Avenue.

Velasco said she’s thankful no one was hurt, but is now worried that she can’t safely park her truck anywhere without fear of being targeted again.

“We should be able to go in, clock in and feel like your stuff is safe out there,” she said of parking at her workplace.

Local police recommend protecting your vehicle by having an active alarm system to deter thieves and parking near security cameras when possible.

“If you have access to it, park in a secure location like a garage or gated area, then that would be best, but otherwise parking underneath a lit area [would also be helpful],” said Upland Police Sgt. Eric DiVincenzo.

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No suspect has been arrested so far as the incident remains under investigation.

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Arizona homeschooling moms say state imposing burdensome regulations with policy change: 'Feels deliberate'

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Arizona homeschooling moms say state imposing burdensome regulations with policy change: 'Feels deliberate'

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Arizona homeschooling parents are accusing the state of imposing burdensome regulations on families after Democratic Attorney General Kris Mayes cracked down on the state’s voucher program requirements this summer.

Homeschooling moms Velia Aguirre and Rosemary McAtee are plaintiffs in a new lawsuit, filed by The Goldwater Institute, against the state of Arizona, Arizona Department of Education and Superintendent Thomas Horne. Aguirre and McAtee participate in the school’s Empowerment Scholarship Account “ESA,” which gives homeschooling families 90% of state taxpayer dollars that would otherwise go to the public school district or charter schools to purchase educational materials, including books and supplemental materials, for their children’s schooling.

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The suit alleges that in July, AG Mayes issued “legal threats” to the Department of Education to make sure every ESA purchase had a curriculum tied to it. Goldwater says that the education department is now rejecting reimbursement requests from ESA families for the purchase of “basic educational materials,” including things like pencils and erasers, “unless parents could provide an explicit ‘curricular’ document justifying the use of each specific book title or material for their child.” 

“It’s very hard. Because I’m spending several hours a week developing curriculum for things I’ve never had to develop curriculum for when I was a district employee or being in the program for four years,” Aguirre told Fox News Digital. 

“So it’s cumbersome. It’s really time-consuming. It’s burdensome,” she added. “It feels like I have to present this false narrative of developing a curriculum for erasers or pencils or colored markers.”

Arizona homeschooling parents Velia Aguirre, left, and Rosemary McAtee, right, are suing the state of Arizona and Department of Education over new requirements to the state’s Empowerment Scholarship Account “ESA” program that they say imposes burdensome regulations on parents. (The Goldwater Institute)

ARIZONA SUPREME COURT RULES 98,000 PEOPLE WHOSE CITIZENSHIP IS UNCONFIRMED CAN VOTE IN PIVOTAL ELECTION

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“It’s just odd because the attorney general just seems to lack a lot of knowledge with the whole ESA program entirely. It’s really causing strain, and it feels deliberate, being imposed on families that already have it hard educating children with developmental delays,” Aguirre said.

Aguirre teaches her three boys with special needs at home and draws on her experience as a former public school Special Education teacher to develop lessons, activities and goals tailored to each of her children’s specific needs. But the lawsuit says when she submitted receipts for several educational materials, including the classic novel, “Where the Red Fern Grows;” a periodic table of elements; math and spelling activity books; and pencils and erasers to the department in August, her reimbursement request was denied.

Parents are already required to submit expense receipts for every item purchased with the scholarship funds, the suit says. It alleges the new requirement imposes a burden on parents that “violates state law and state regulations” while adding to the “backlog of tens of thousands of purchase orders awaiting review” and puts a “senseless burden” on parents.

The second plaintiff, Rosemary McAtee, has homeschooled seven of her nine children with funding from the ESA program since 2019. She also had her purchases denied by the state after she bought four books, including the children’s classic “Brown Bear, Brown, Bear What Do You See?,” and a Catholic Encyclopedia for Children. 

Both moms appealed these denials, the suit shows, but the Board of Education denied them, citing the need to provide a formal curriculum that includes these books.

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homeschooling a child

Arizona homeschooling parents in the suit say the state has made their jobs much tougher with new regulations. (iStock)

WEST COAST EXODUS DRIVING SURGE IN HOMESCHOOLING IN DEEP RED STATE CALLED ‘FREEST’ IN NATION

“I honestly am kind of afraid to buy anything now because if they can change the rules at the drop of a hat, and break the law, – it does break the law that the legislature put in 2020 — it just leaves me with a question mark of, ‘Am I going to be stuck carrying thousands of dollars that I’m waiting to be reimbursed on, and then they’re going to deny me, even if it meets my contract to my curriculum?’” McAtee told Fox News Digital.

According to Goldwater, Arizona lawmakers added clarifying language in 2020 to the law ensuring supplemental material that is not explicitly tied to a curriculum would not be denied to families in the ESA program. Additionally, they say the State Board of Education has also “approved rules for the program explicitly permitting the purchase of these materials without additional documentation.”

A spokesman for Attorney General Kris Mayes’ office told Fox News Digital that they are simply enforcing the law and the requirement is meant to encourage transparency and accountability in how taxpayer dollars are spent.

“The Attorney General has simply stated what is required by law. The law doesn’t prevent parents from purchasing paper and pencils, but it does require that materials purchased with ESA funds be used for a child’s education. With instances of voucher dollars being spent on things like ski passes, luxury car driving lessons, and grand pianos, it’s clear that providing documentation on spending is essential to prevent the misuse of taxpayer funds. Attorney General Mayes believes Arizonans deserve full transparency and accountability in how their tax dollars are used and will continue to fight for accountability and oversight in the voucher program,” the spokesperson said.

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The AG’s July letter came after local news investigations found ESA funds were used by some families for karate lessons, golf gear and even passes to a ski resort. 

Five adults, three of whom were former employees of the Arizona Department of Education, were also indicted in February for using fraudulent documents to obtain funds from the ESA program. 

Aguirre said these reports have “fueled” negative stereotypes she said are wrong about the majority of homeschooling families enrolled in ESAs. 

When reached for comment, the Arizona Department of Education provided the following statement from Superintendent Tom Horne:

“The Department of Education concedes the argument of the Goldwater Institute. When this issue first arose in July, my concern was that the Attorney General could force Empowerment Scholarship Account holders to return funds if they did not comply with her office’s interpretation of the law. This lawsuit will settle the issue in court and my sincere hope is that the arguments made by Goldwater will prevail,” Horne said.

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