Several Texas women have become additional plaintiffs in an ongoing lawsuit against the state of Texas, claiming they were denied access to abortions despite facing severe pregnancy complications. The lawsuit was initially filed by the Center for Reproductive Rights (CRR) in March and represents a significant legal challenge following the U.S. Supreme Court’s decision to overturn Roe v. Wade, effectively ending federal abortion protections.
Kimberly Manzano, one of the new plaintiffs, experienced troubling complications during her pregnancy, including the absence of a limb in the fetus and other severe abnormalities. Despite the grave risks to her health and the unviability of the pregnancy, Manzano did not qualify for an abortion under Texas’ strict exceptions, as her life was not considered to be in immediate danger. The state’s laws also lack exceptions for pregnancies with fatal fetal anomalies.
Faced with limited options within Texas, Manzano and her husband made the difficult decision to travel to New Mexico for the abortion care she needed. This experience led her to reconsider her stance on abortion, and she joined the lawsuit against Texas. The suit, which now includes seven additional plaintiffs, seeks to challenge the state’s multiple overlapping abortion bans and the restrictions they place on access to reproductive healthcare.
Texas currently has several abortion bans in place, including a trigger ban that went into effect in August 2022, making nearly all stages of pregnancy illegal and criminalizing abortion providers. Another ban, known as SB 8, which came into effect in September 2021, allows private citizens to file civil lawsuits against anyone involved in providing or facilitating an abortion, including individuals who “reasonably believe” an abortion occurred. Violators of SB 8 can face severe criminal penalties, including life imprisonment and substantial fines.
The lawsuit is now scheduled to go before the Texas Supreme Court on November 28, where the court will decide whether to grant a preliminary injunction on the abortion bans for pregnancies that pose risks to a mother’s health or for pregnancies with fatal fetal anomalies. The court will also rule on the state’s request to dismiss the lawsuit. Depending on the outcome, the case may return to district court for further litigation, which could take several months to a year.
The CRR is committed to challenging abortion bans in multiple states, and although there are currently no plans to add more plaintiffs to this specific lawsuit, the organization remains open to including more women who have been affected by the bans. The CRR is also exploring potential lawsuits in other states to expand its strategy and advocate for reproductive healthcare access.
Kimberly Manzano, who continues to pursue her desire to have children through IVF treatment, hopes that her story raises awareness about the challenges Texas women often face when seeking reproductive healthcare. She believes that women should not have to travel long distances or face criminalization to access essential healthcare services.
“You shouldn’t have to travel for basic health care,” Manzano emphasized. “Women’s health care is basic health care, and no one should ever have to travel or feel criminalized for basic treatment. My family deserved better, my son’s life deserved better, and I just hope that Texas can do better.”