Texas Supreme Court Rules Against Woman Seeking Emergency Abortion
The Texas Supreme Court recently ruled against Kate Cox, a woman who sought an emergency abortion due to a medical emergency. This decision reversed a lower court’s ruling that had allowed Cox to obtain an abortion under Texas’ “medical emergency” exception.
Cox, 31 years old and about 20 weeks pregnant, filed a lawsuit after discovering her fetus had full trisomy 18, a lethal fetal anomaly. She argued that continuing the pregnancy posed a threat to her health and future fertility. However, her doctors were hesitant to perform the abortion without a court order, fearing potential legal repercussions under Texas’ stringent abortion laws.
Initially, Travis County District Judge Maya Guerra Gamble ruled in Cox’s favor, stating that neither Cox, her husband, nor her OB/GYN should face criminal or civil penalties for terminating her pregnancy. However, Texas Attorney General Ken Paxton quickly filed an emergency petition, leading the Texas Supreme Court to intervene and ultimately overturn this ruling.
The Texas Supreme Court’s decision highlighted that Cox’s condition did not meet the criteria for a medical exception as defined by state law. The justices emphasized that the law does not require a doctor to wait until the mother is at imminent risk of death or irreversible impairment but instead to act within “reasonable medical judgment.”
While Cox’s health continued to deteriorate, leading her to seek care outside of Texas, her case brings attention to the broader implications of Texas’ abortion laws. It raises concerns about the challenges and risks faced by women, particularly those unable to afford to travel out of state for medical procedures.
This ruling comes in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade, which has led to significant changes in abortion laws across various states.
