“Texas Supreme Court abortion ruling” : Texas Supreme Court Puts Hold on Abortion for Pregnant Woman with Fatal Diagnosis

By | December 9, 2023

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Accident – Death – Obituary News : By Paul J. Weber, Associated Press

Updated: 34 minutes ago

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Published: 34 minutes ago

AUSTIN, Texas — In a significant development, the Texas Supreme Court has issued a temporary stay on a judge’s ruling that allowed an abortion for a pregnant woman whose fetus has a fatal diagnosis. This decision has thrown into uncertainty an unprecedented challenge to one of the most restrictive abortion bans in the United States.

The all-Republican court’s order came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, received a temporary restraining order from a lower court judge. This order prevented Texas from enforcing the state’s ban in Cox’s case.

The court, in a one-page order, stated that it was temporarily staying Thursday’s ruling “without regard to the merits.” It is important to note that the case is still pending.

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The Center for Reproductive Rights, which is representing Cox, expressed concerns about justice being delayed. “While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Molly Duane, an attorney at the Center for Reproductive Rights.

In response to concerns about Cox’s safety, her attorneys have chosen not to disclose her abortion plans. According to the filing with the Texas Supreme Court on Friday, Cox’s attorneys confirmed that she is still pregnant.

Cox’s lawsuit is believed to be the first of its kind since the landmark U.S. Supreme Court ruling in 2022 that overturned Roe v. Wade. It is important to note that Thursday’s ruling only applied to Cox and did not extend to other pregnant women in Texas.

The lawsuit states that Cox discovered she was pregnant for the third time in August. Weeks later, she received the devastating news that her baby was at high risk for a condition called trisomy 18. This condition carries a very high likelihood of miscarriage or stillbirth, as well as low survival rates.

Furthermore, Cox’s doctors informed her that if the baby’s heartbeat were to stop, inducing labor would pose a risk of uterine rupture due to her previous two cesarean sections. Another C-section at full term would also jeopardize her ability to carry another child.

Texas Attorney General Ken Paxton, a Republican, argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban. He urged the state’s highest court to act swiftly, stating that “future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law.”

Paxton’s office also issued a warning to three hospitals in Houston, stating that they could face legal consequences if they allowed Cox’s physician to provide the abortion. Paxton referred to state District Judge Maya Guerra Gamble, who issued the ruling, as an “activist” judge.

In a separate development, a pregnant woman in Kentucky, identified as Jane Doe, has also filed a lawsuit demanding the right to an abortion. According to the lawsuit, Doe is about eight weeks pregnant and is unable to have an abortion due to the state’s ban. Unlike Cox’s lawsuit, the Kentucky challenge seeks class-action status to include other pregnant individuals in Kentucky who wish to have an abortion.

As this legal battle continues, it remains to be seen how these cases will shape the future of abortion rights in the United States..