There was only one catch and that was Catch-22, which specified that a concern for one’s own safety in the face of dangers that were real and immediate was the process of a rational mind. Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. Orr would be crazy to fly more missions and sane if he didn’t, but if he was sane, he had to fly them. If he flew them, he was crazy and didn’t have to; but if he didn’t want to, he was sane and had to.
Though the statute affords physicians discretion, it requires more than a doctor’s mere subjective belief. By requiring the doctor to exercise “reasonable medical judgment,” the Legislature determined that the medical judgment involved must meet an objective standard. Dr. Karsan asserted that she has a “good faith belief” that Ms. Cox meets
the exception’s requirements. Certainly, a doctor cannot exercise “reasonable medical judgment” if she does not hold her judgment in good faith. But the statute requires that judgment be a “reasonable medical” judgment, and Dr. Karsan has not asserted that her “good faith belief” about Ms. Cox’s condition meets that standard. …
Nothing in this opinion prevents a physician from acting if, in that physician’s reasonable medical judgment, she determines that Ms. Cox has a “life-threatening physical condition” that places her “at risk of death” or “poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced.”
Basically, the opinion is a fairly legalistic argument that the physician didn’t use the right magic words, but that the ruling doesn’t matter because there’s no de jure requirement for court preapproval. It completely misses the point of why doctors are unwilling to perform abortions without that approval.
Texas: if your abortion is medically necessary, you and your doctor must go to court and prove it.
Kate Cox: goes to court and proves it.
Texas Supreme Court: If your abortion was truly medically necessary, you wouldn’t need to go to court to prove it.
There was only one catch and that was Catch-22, which specified that a concern for one’s own safety in the face of dangers that were real and immediate was the process of a rational mind. Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. Orr would be crazy to fly more missions and sane if he didn’t, but if he was sane, he had to fly them. If he flew them, he was crazy and didn’t have to; but if he didn’t want to, he was sane and had to.
Man I’ve gotta read that book again
Not quite. To quote from the opinion:
Basically, the opinion is a fairly legalistic argument that the physician didn’t use the right magic words, but that the ruling doesn’t matter because there’s no de jure requirement for court preapproval. It completely misses the point of why doctors are unwilling to perform abortions without that approval.
It didn’t miss the point, it intentionally avoided the question.