The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
Attorneys for the Center for Reproductive Rights said on Monday that a Texas woman who had requested a legal medical exemption for an abortion has left the state after the Texas Supreme Court postponed a lower court ruling that would have permitted her to undergo the procedure.
The decision to end Kate Cox’s pregnancy was made last week by State District Judge Maya Guerra Gamble, a Dallas mother of two, age thirty-one. Court documents state that Cox’s doctors informed her that her child had trisomy 18, a chromosomal disorder that typically causes an infant to die at birth or have a stillbirth.
The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
Cox was 20 weeks pregnant as of last week’s court filing.
The Center for Reproductive Rights, the plaintiffs in the lawsuit, claims that Cox fled the state because she “couldn’t wait any longer” to have the surgery.
CEO of the Center for Reproductive Rights Nancy Northup stated, “Her health is on the line.” “She’s been in and out of the emergency room and she couldn’t wait any longer.”
Texas Attorney General Ken Paxton responded to Gamble’s decision by telling a Texas medical center that performing an abortion would result in legal ramifications.
The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
Gamble’s decision was then momentarily put on hold by the Texas Supreme Court in an unsigned order late on Friday.
In its ruling, the state supreme court stated that Cox’s physic
Ian was free to decide whether Cox’s pregnancy threatened her life or a significant bodily function, which was the criterion for an exemption to the state’s abortion prohibition.
Despite the fact that Cox’s doctor did not claim to have a “good faith belief” regarding whether Cox’s condition qualified for an abortion under the law, the lower court nevertheless allowed her to get one.
“Judges do not have the authority to expand the statutory exception to reach abortions that do not fall within its text under the guise of interpreting it,” the Supreme Court wrote in its opinion.
The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
Court records state that Cox’s physicians advised her that early screening and following Cox’s departure from the state on Monday, the state Supreme Court lifted the pause, rejecting the case as moot, and reversed the decision of the lower court that had approved Cox’s request.
The Her pregnancy is “unlikely to end with a healthy baby,” according to ultrasound tests, and since she has had two cesarean sections already, carrying the pregnancy to term puts her at risk of “severe complications” that could endanger “her life and future fertility.”
The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
It claimed that doctors had informed her that their “hands are tied” because of Texas’s severe abortion restrictions, forcing her to wait until the fetus dies inside her or carry the pregnancy to term, at which point she would need to have a third C-section “only to watch her baby suffer until death.”
The lawsuit was brought as the state Supreme Court considers whether the state’s stringent abortion prohibition places undue burden on women experiencing serious pregnancy complications. Judge Austin made a decision earlier this
year that women who face severe complications might be spared from the ban, but the decision is pending while the state’s appeal is reviewed by the all-Republican Supreme Court.
The Texas Supreme Court Rules Against : 1 Woman Outside The State To Have An Emergency Abortion.
The state’s attorneys indicated during the Supreme Court of the state arguments that a pregnant woman who learns she has a fatal fetal condition may file a “lawsuit in that specific circumstance.”
The Center for Reproductive Rights claims that Cox v. Texas is the first case to be filed on behalf of a pregnant person seeking emergency abortion care since Roe v.
Wade was overturned eight weeks pregnant, a woman in Kentucky filed a lawsuit last week opposing the state’s two abortion prohibitions.
The author of this report is Joe Ruiz.
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