Texas prison guard’s lawsuit raises concerns about fetal rights in stillborn case.
Political Leaders Question Texas’ Stance on Unborn Rights
Political leaders in Texas are raising concerns about the state’s position on the rights of the unborn following a lawsuit filed by a prison guard who tragically delivered a stillborn child.
In her suit, Salia Issa recounted a distressing experience during her shift at the prison. She began experiencing pain similar to contractions but claims she was not allowed to leave by her supervisor. Shockingly, she was kept in her post for an additional two hours.
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After her shift ended, Issa drove herself to a nearby hospital, where she received devastating news. Doctors informed her that immediate surgery was necessary as they were unable to detect a fetal heartbeat. Tragically, her child was delivered stillborn.
Issa filed her lawsuit in 2021, seeking monetary damages for medical bills and funeral expenses for her unborn child. However, she has faced opposition from the state attorney general’s office, which has requested the case be dismissed.
Texas has some of the most stringent abortion laws in the country. In 2022, the state made it illegal for anyone to provide or assist in an abortion, while exempting the woman who had the procedure from prosecution.
In a challenge filed by the state attorney general’s office in March, they argued in favor of dismissing the case, stating, ”Just because several statutes define an individual to include an unborn child does not mean that the Fourteenth Amendment does the same.”
Furthermore, their argument revolves around the timing of Issa’s loss, which occurred before the overturning of Roe v. Wade.
Last week, the judge overseeing the case denied the state’s motion to dismiss, allowing Issa’s lawsuit to proceed. The judge also granted her legal team the opportunity to focus on other aspects of the case, rather than addressing arguments about the rights of the unborn.
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