In a dramatic turn of events, the Texas Supreme Court has temporarily blocked a pregnant woman from obtaining an emergency abortion. Kate Cox, a 31-year-old mother of two from Dallas-Fort Worth, sued the state of Texas in order to get an abortion for a pregnancy that she and her doctors say threatens her life and future fertility.
The court’s ruling came just hours after Texas Attorney General Ken Paxton petitioned the high court to intervene in Cox’s case. The court froze a lower court’s ruling that would have allowed Cox to obtain the procedure, stating, “Without regard to the merits, the Court administratively stays the district court’s December 7, 2023 order.”
Cox, who is 20 weeks pregnant, has been seeking an emergency abortion after learning that her unborn baby has a fatal genetic condition. She says that complications in her pregnancy are putting her health at risk.
Following the ruling, Cox’s attorney, Molly Duane, expressed hope that the state’s request is quickly rejected, emphasizing the urgent need for medical care. Paxton’s petition stemmed from a ruling on Thursday by a Texas judge who granted a temporary restraining order against the state’s abortion ban, allowing Cox to legally terminate her pregnancy.
In response to the state attorney general’s threats, Cox’s attorney filed a response stating that the state does not have the power to value Cox’s current nonviable pregnancy more highly than her own life and future fertility. The response also requests the state Supreme Court to reject Paxton’s threat of prosecution of the doctors and anyone else who helps facilitate the abortion.
The decision to block Cox’s emergency abortion marks a significant development in the ongoing debate over the state’s medical exception to its controversial ban on abortions after six weeks, which is considered one of the strictest in the nation.
The case remains pending before the Texas Supreme Court, but no timeline has been provided for when a full ruling might be issued. Cox’s attorney did not disclose when and where Cox would be getting the abortion but stated that they are planning to ensure she receives the care as quickly as possible.