The Texas Supreme Court has temporarily blocked a pregnant woman from obtaining an emergency abortion in a ruling issued late Friday.
The court froze a lower court’s ruling that would have allowed Kate Cox, who sued the state seeking a court-ordered abortion, to obtain the procedure. “Without regard to the merits, the Court administratively stays the district court’s December 7, 2023 order,” the order states.
The court has acknowledged the ongoing case, with no specified timeline for a comprehensive ruling, as the petitioner, Kate Cox, faces a critical situation being 20 weeks pregnant with her unborn baby diagnosed with a fatal genetic condition. Cox contends that complications in her pregnancy pose a severe threat to her health. The Texas Supreme
In response to the court’s decision, Cox’s attorney, Molly Duane from the Center for Reproductive Rights, expressed hope that the state’s request would be swiftly rejected, emphasizing the urgency of the medical situation. Duane highlighted the need for timely access to healthcare without the necessity of pleading in a court of law.
The court’s ruling followed Texas Attorney General Ken Paxton’s appeal to the high court to intervene in the case. Paxton’s move was prompted by a Texas judge’s decision granting a 14-day temporary restraining order against the state’s restrictive abortion ban, allowing Cox to legally terminate her pregnancy.
This development marked a significant turn in the ongoing debate surrounding Texas’s stringent abortion regulations, particularly the medical exception to the ban on abortions after six weeks, one of the strictest measures in the nation. In his petition to the state Supreme Court, Paxton, who has previously threatened legal action against those assisting in abortions, sought an emergency stay of the district court judge’s ruling.
In a letter addressed to three Houston hospitals where Kate Cox’s physician holds privileges, as per information from the Texas Medical Board, Texas Attorney General Ken Paxton asserted that Cox has not sufficiently demonstrated a “life-threatening” medical condition related to her pregnancy. He contends that she has not proven that her symptoms put her “at risk of death” or significant bodily harm.
Paxton, in the letter, also cautioned the hospitals that the recent court ruling on Thursday, granting Cox a 14-day temporary restraining order to allow her a legal abortion, does not provide immunity from civil and criminal consequences. He emphasized the potential for first-degree felony prosecutions and civil penalties of at least $100,000 for each violation.
Cox, seeking an emergency hearing, is aiming to undergo an abortion after discovering that her unborn baby has trisomy 18, a fatal genetic condition with a life expectancy of only a few days outside the womb, as outlined in the lawsuit.