“Texas pregnancy rights” : Texas Supreme Court Puts Hold on Abortion Ruling for Kate Cox

By | December 10, 2023

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Accident – Death – Obituary News : The Texas Supreme Court has made a significant decision to halt a judge’s ruling that granted permission for an abortion to a pregnant woman whose fetus has been diagnosed with a fatal condition. This ruling has created uncertainty surrounding a highly contentious challenge to one of the most stringent abortion bans in the United States.

The court’s order, which was issued by an all-Republican panel, came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, obtained a temporary restraining order from a lower court judge. This order prevented the state of Texas from enforcing its abortion ban in Cox’s specific case.

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In a concise one-page order, the Texas Supreme Court stated that it was temporarily suspending Friday’s ruling “without regard to the merits” of the case. However, it is important to note that the case is still pending, leaving its ultimate outcome uncertain.

Molly Duane, an attorney from the Center for Reproductive Rights representing Cox, expressed concern about the potential delay in justice. Duane stated, “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.”

Cox’s legal team has chosen not to disclose her abortion plans, citing concerns for her safety. In a recent filing with the Texas Supreme Court, her attorneys indicated that she is still pregnant.

Cox, who is currently 20 weeks pregnant, filed what is believed to be the first lawsuit of its kind since the landmark US Supreme Court ruling last year, which overturned the Roe v Wade decision. However, it is important to note that the temporary restraining order issued on Friday only applied to Cox and did not extend to other pregnant women in Texas.

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According to Cox’s lawsuit, she discovered she was pregnant for the third time in August. Weeks later, she was informed by doctors that her baby was at high risk of a condition called trisomy 18, which carries a high likelihood of miscarriage or stillbirth and has low survival rates.

Furthermore, Cox’s doctors have warned her that if the baby’s heartbeat were to cease, inducing labor would pose a risk of uterine rupture due to her two prior cesarean sections. Moreover, another cesarean section at full term would endanger her ability to carry another child.

Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban. He urged the Texas Supreme Court to act swiftly, stating, “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 sent warnings to three hospitals in Houston, cautioning them about potential legal consequences if they allowed Cox’s physician to proceed with the abortion. Paxton referred to the state District Judge Maya Guerra Gamble, who issued the ruling, as an “activist” judge.

In a separate development, a pregnant woman from Kentucky has also filed a lawsuit demanding the right to have an abortion. The plaintiff, identified as Jane Doe, is approximately eight weeks pregnant and wishes to terminate her pregnancy in Kentucky. However, she is unable to do so due to the state’s ban. Unlike Cox’s lawsuit, the Kentucky challenge seeks class-action status to represent other individuals in Kentucky who are or will become pregnant and desire to have an abortion.

The Texas Supreme Court’s decision to put a hold on the judge’s ruling has generated significant attention and added to the ongoing debate surrounding reproductive rights in the United States. The ultimate outcome of this case will undoubtedly have far-reaching implications for the future of abortion legislation in Texas and potentially impact the broader national discourse on this highly divisive issue.

[Image: Demonstrators march and gather near the state capitol following the Supreme Court’s decision to overturn Roe v Wade, June 24, 2022, in Austin, Texas.]

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