A Texas judge on Thursday said a pregnant woman whose fetus has a fatal diagnosis could legally obtain an abortion despite the state’s bans.
The judge, Maya Guerra Gamble of Travis County district court, granted Kate Cox, who is 20 weeks pregnant, permission to terminate her pregnancy, issuing a temporary restraining order to permit a doctor to perform the abortion without facing civil or criminal penalties under the state law.
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Cox’s case is believed to be among the first attempts to seek a court-approved abortion since Roe v. Wade was overturned.
“The idea that Ms. Cox wants desperately to be pregnant, and this law might actually cause her to lose that ability, is shocking, and would be a genuine miscarriage of justice,” the judge said at the hearing. “So I will be signing the order, and it will be processed and sent out today.”
Cox, 31, sued the state on Tuesday seeking an emergency court order to allow her doctor to perform an abortion after learning her fetus had a lethal condition and no chance of survival. Due to Cox’s medical history, her OB-GYNs warned her that continuing to carry the pregnancy could jeopardize her health and future fertility.
The Center for Reproductive Rights filed the case—Cox v. Texas—on Cox’s behalf. They released this statement after the ruling in her favor:
“Today’s decision underscores what we already know—abortion is essential health care. While we are grateful that Kate will be able to get this urgent medical care, it is unforgivable that she was forced to go to court to ask for it in the middle of a medical emergency,” said Molly Duane, Senior Staff Attorney at the Center. “Most women are not able to do what Kate has done—many Texans have been forced to continue pregnancies that put their lives at risk. That is happening every day across Texas. As long as abortion is banned, pregnant people will suffer. As we await the Texas Supreme Court’s ruling in Zurawski v. State of Texas, our hearts go out to the countless people in similar situations who—who for so many reasons—aren’t able to sue the state of Texas for an emergency hearing.”
The office of Attorney General Ken Paxton released this statement Thursday afternoon: “The Temporary Restraining Order (“TRO”) granted by the Travis County district judge purporting to allow an abortion to proceed will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws. This includes first degree felony prosecutions, Tex. Health & Safety Code § 170A.004, and civil penalties of not less than $100,000 for each violation, Tex. Health & Safety Code §§ 170A.005, 171.207-211. And, while the TRO purports to temporarily enjoin actions brought by the OAG and TMB against Dr. Karsan and her staff, it does not enjoin actions brought by private citizens. Tex. Health & Safety Code § ¬¬171.207. Nor does it prohibit a district or county attorney from enforcing Texas’ pre-Roe abortion laws against Dr. Karsan or anyone else. The TRO will expire long before the statute of limitations for violating Texas’ abortion laws expires.”
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