Apparently, the key medical condition afflicting the fetus, acrania, is not on the Louisiana Department of Health list of ‘conditions that would render a pregnancy “medically futile”.’
Seems an obvious candidate to me but, I’m no state legislator so what do I know?
But wait—the twenty-sixth and final item on the list, right after trisomy 18 and trisomy 22, is:
A profound and irremediable congenital or chromosomal anomaly existing in the unborn child that is incompatible with sustaining life after birth in reasonable medical judgment as certified by two physicians that are licensed to practice in the State of Louisiana
So, as @Jackmannii suggests, by state law the woman should be able to abort the fetus, pending agreement from two Louisiana physicians [does anyone suppose she can’t find two sympathetic doctors? No? Ok.]
Meanwhile, Baton Rouge WAFB-TV reports that even the lawmaker who wrote the state’s strict abortion law believes the woman in this case should be able to abort the fetus, although she used different words. She said the law is being misunderstood.
“This woman is not seeking an abortion,” said state Sen. Katrina Jackson, D-Monroe. “This woman is seeking a medical procedure for a pregnancy that is not viable outside of the womb.”
Jackson said that while Davis’ baby’s condition was not listed by name on the Department of Health’s list of 26 exclusive exceptions the last exception should have covered her.
“Number 26 is a catch-all list of what two physicians consider to be a medically futile pregnancy,” Sen. Jackson added.
So it seems the writer at Jezebel got out in front of themself, and/or went a-searching for clicks. I bet we sent a fair few their way. I certainly clicked on it; ahhhh… the sweet anticipation of recreational-outrage goodness.