Court Grants Texas Woman Permission to Have Court-Ordered Abortion
A Texas judge ruled in favor of a pregnant woman who sought a court-ordered abortion due to a life-threatening condition for her unborn baby.
Texas Judge Allows Court-Ordered Abortion
A Texas judge ruled Thursday that a pregnant woman who sued the state seeking a court-ordered abortion can legally terminate her pregnancy. The decision marks a significant development in the ongoing debate over the state’s medical exception to its controversial ban on abortions after six weeks – one of the strictest in the nation.
Kate Cox, who is 20 weeks pregnant, filed a lawsuit this week asking a state district court in Austin to temporarily block the state’s abortion ban, as she has been unable to get the procedure due to concerns of violating the law. Cox’s baby was diagnosed with trisomy 18 and is not expected to live more than a few days outside the womb, according to the suit.
After the ruling, Texas Attorney General Ken Paxton warned Cox’s physician that she could still face civil and criminal penalties if she performs the court-ordered procedure.
The Fight for Abortion Access Continues
Cox’s lawsuit is believed to be one of the first attempts in the country by an individual seeking a court-ordered abortion since the Supreme Court overturned Roe v. Wade last year. Cox, 31, has been to three different emergency rooms in the last month due to severe cramping and unidentifiable fluid leaks, according to her suit. She has had two prior cesarean surgeries and continuing the pregnancy puts her at high risk for severe complications threatening her life and future fertility.
Cox and her husband attended the hearing, which took place over Zoom, and were emotional at the judge’s decision. However, Molly Duane, Cox’s attorney, emphasized that the ruling only applies to Cox and does not restore access to abortion to thousands of other women in the state.
Controversy and Legal Action
Texas Attorney General Ken Paxton sent a letter to Cox’s physician, warning of civil and criminal liability if she performs the court-ordered abortion. Paxton also mentioned that the ruling does not prevent civil action by private citizens under the controversial Texas law that allows people to sue those who perform or facilitate an abortion.
The debate over subjective versus objective medical reasons for an abortion is central to ongoing legal battles regarding the state’s exception rule. Critics argue that the rule is vague and causes doctors to refrain from taking action due to the fear of facing felony charges. Attorneys for the state argued that Cox’s condition does not meet the medical exception standard outlined in the law, while Cox’s gynecologist believes she qualifies for the exception.
