During a debate on Tuesday night, Texas Senator Ted Cruz voiced his frustration over repeated questions regarding his support for exceptions to the state’s stringent abortion laws during his contest against Democratic challenger Rep. Colin Allred.
Texas enforces some of the harshest anti-abortion regulations in the United States, which currently allow no exceptions for cases of rape or incest. Recently, the Supreme Court decided to let Texas maintain its ban on emergency abortions, even within hospitals.
Moreover, Cruz has supported a recent right-wing initiative aimed at restricting doctors’ abilities to perform emergency abortions in hospitals across the country. He was among the 26 U.S. senators who endorsed an amicus curiae brief backing Idaho Attorney General Raúl Labrador in an effort to overturn a federal directive that mandates emergency rooms to provide essential abortion care.
Following the end of Roe v. Wade, the Department of Health and Human Services issued guidelines indicating that hospitals must offer necessary medical treatment, including abortion care, to pregnant patients, irrespective of state laws. This directive stems from the Emergency Medical Treatment and Active Labor Act (EMTALA), which obligates hospital emergency departments to provide care for anyone seeking it, without regard to payment capability or demographic factors.
The amicus brief in question claimed, “The DOJ is attempting to contrive protections for elective induced abortion. Yet, EMTALA does not mention abortion once, and a proper interpretation shows the statute does not require ‘stabilizing’ abortions.” It further argued that Idaho’s regulations align with EMTALA since they do not restrict medically necessary maternal-fetal separations.
Idaho’s legislation does include exceptions where the mother’s health or life is at risk, but the language is deemed ambiguous, placing doctors in a precarious position where they could face felony charges for making decisions that may not align with state interpretations of the law.
While the Supreme Court rejected Idaho’s law, it opted not to intervene in Texas, allowing the state to enforce its ban on emergency room abortions, which poses risks to both patients and healthcare providers.
During the debate, Allred criticized Cruz for supporting policies that endanger women’s health, stating, “It’s indefensible that we have Texas women being turned away from hospitals, bleeding out in their cars and waiting rooms, being found by their husbands.” He challenged Cruz’s self-presentation as a defender of women’s rights in light of his stance on abortion, especially concerning victims of incest and rape.
The race between Allred and Cruz remains competitive, with some polls indicating Cruz has a narrow lead. Should Allred succeed in winning, it could shift control of the Senate toward the Democrats. Amid mounting pressure from advocates for women’s rights in Texas, Cruz continues to evade scrutiny regarding his record on reproductive rights.