TL/DR –
The Texas Supreme Court has temporarily blocked a lower court ruling that allowed a Texas woman to get an emergency abortion. The woman, Kate Cox, is carrying a baby with trisomy 18, a severe anomaly, and had sued the state over its restrictive abortion laws, resulting in a judge granting her a temporary restraining order to allow her to have an abortion. Texas Attorney General Ken Paxton has appealed to the Supreme Court to block the restraining order, insisting that Cox’s situation does not qualify as a medical emergency under current laws.
Texas Supreme Court Temporarily Blocks Abortion Ruling
The Texas Supreme Court has temporarily halted a lower court ruling that permitted a Texas woman to have an emergency abortion in a landmark case. The woman, Kate Cox, sought an emergency abortion due to severe pregnancy anomaly.
State Attorney General Calls for Reversal
The state’s attorney general asked the high court to reverse the decision, leading the Supreme Court to suspend the lower court’s decision while it considers the case.
Kate Cox’s Fight for Abortion Rights
Cox filed a lawsuit against the state over its restrictive abortion bans, securing a temporary restraining order allowing her to proceed with the abortion. However, the continued legal battle sparks fear that “justice delayed will be justice denied,” according to the Center for Reproductive Rights.
Lower Court Grants Cox’s Request
Judge Maya Guerra Gamble granted Cox’s request, calling it a miscarriage of justice if the law caused her to lose her chance to be a parent. Cox’s temporary restraining order barring Texas’ abortion bans remains in effect until Dec. 20.
Texas Attorney General Appeals
Texas Attorney General Ken Paxton filed an appeal to block the restraining order immediately, stating that time is critical. The state’s petition has been criticized for its disregard for Cox’s life, fertility, and the rule of law.
Cox’s Pregnancy and Fight for Healthcare
Cox struggles with a pregnancy that has virtually no chance of survival—an instance of trisomy 18. She has been denied a dilation and evacuation procedure, which she believes to be the safest form of care for her. She expressed her shock and grief and affirmed her desire to have access to the necessary medical care in Texas.
Legal Arguments and Court Struggles
In court, it was argued that Cox hadn’t proved she would suffer immediate harm, suggesting the need for more evidence. The state’s standard was criticized as unreasonable, proposing that a patient must be on the brink of death before a doctor can perform an emergency abortion.
Legal Threats Under Texas’ Bans
Following Cox’s court victory, the Texas attorney general warned that doctors performing her abortion could still be sued under Texas’ bans. The law considers it a felony to perform or attempt an abortion, with potential punishments of life in prison and fines up to $10,000.
Separate Lawsuit Against Texas’ Abortion Bans
Cox’s lawsuit is separate from a suit filed by 20 women whose lives were endangered by Texas’ abortion bans. This suit is pending a ruling on whether the challenge can continue and if a temporary hold can be implemented.
Overlapping Abortion Bans in Texas
Multiple overlapping abortion bans are in effect in Texas, with severe punishments for violations. Although exceptions are available for medical emergencies and fatal fetal diagnoses, doctors and patients claim they’re unable to provide or access care under these laws.
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