A Texas judge has given a pregnant woman permission to abort, defying the state’s strict ban. However, Texas Attorney General Ken Paxton stressed that the order will not exempt hospitals, doctors or anyone else from responsibility for violating state abortion laws.
This Thursday, Travis County District Judge Maya Guerra Gamble issued an order allowing a 31-year-old Dallas resident, identified as Kate Cox, to terminate her pregnancy after doctors warned her that the fetus has a lethal abnormality.
The woman is currently in the 20th week of her pregnancy and filed a lawsuit after learning that her fetus has trisomy 18, a chromosomal abnormality that can result in miscarriage or the death of the baby shortly after birth.
“It is not a matter of if I will have to say goodbye to my baby, but when. I’m trying to do what is best for my baby and myself,” she said.
During the hearing, Cox’s attorneys argued that carrying the pregnancy to term could result in serious injuries to the mother, given that it would require a cesarean section or induction that would put her future fertility at risk. The judge granted the order to the woman despite not meeting “all the elements” for a medical exemption.
“The idea that Ms. Cox wants desperately to be a parent, and this law might actually cause her to lose that ability, is shocking and would be a genuine miscarriage of justice,” Gamble said.
Cox, 31, at 20 weeks pregnant, has learned her fetus has a lethal abnormality that is almost always fatal at birth. https://t.co/BYqLZAdCRg
— KPRC 2 Houston (@KPRC2) December 8, 2023
The lawyers of the Center for Reproductive Rights who represent Cox did not provide details about the location or date the procedure would take place, but Gamble said the order would protect Cox’s husband from being held responsible for helping her and would prevent the doctor who performed the abortion from being prosecuted.
Additionally, Texas will also not be able to immediately appeal Gamble’s order because it is a temporary restraining order, so in any case, the Attorney General’s Office would have to request the revocation of the emergency order to a higher court.
Paxton issues warning
Following the ruling, the Texas attorney general stated that the temporary order would not exempt hospitals, doctors or anyone else from legal and civil liability for violating the state’s abortion laws.
Paxton also sent a letter to several hospitals warning that hospital procedures were not followed to determine Cox’s eligibility for a medical exception.
To read the letter, see below. pic.twitter.com/tCZMSDGqMB
— Texas Attorney General (@TXAG) December 7, 2023
