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Last Monday the Texas Supreme Court ruled against a woman who filed a lawsuit for an emergency abortion in his own state, overturning a lower court decision last week.
Kate Cox, 31, filed a lawsuit after she said she could not have an abortion due to a pregnancy with a serious medical condition.
In its opinion, released Monday night, the Texas Supreme Court noted that Cox’s pregnancy was “extremely difficult” and that “the parents will be deeply saddened to learn of the pregnancy.” their unborn child has trisomy 18.” In his opinion, however, the judges wrote that “(s)he difficulties in pregnancy, however, even difficulties, do not create a high risk to the mother involved (Cox’s Doctor) asked the court to pre-authorize the abortion but he could not, or would not, prove to the court that Ms. Cox’s condition involved the risks required by the exception.”
Earlier Monday, it was reported that Cox had left the state for care, according to the Center for Reproductive Rights, which represents her.
Last Friday, the state’s Supreme Court stayed the lower court’s decision, saying it needed more time to consider the case. , according to court records.
Texas Attorney General Ken Paxton asked the high court to reverse Travis County District Court Judge Maya Guerra Gamble’s decision to grant Cox’s request for an abortion for a pregnancy with a serious medical condition. the fetal.
The state Supreme Court said Monday night in its opinion that, going forward, its decision should not prohibit any woman “who meets the medically-necessary exemption” from having an abortion without seeking a court order.
“Under the law, a doctor must decide that a woman is suffering from a condition that threatens her life during pregnancy, creating the need for an abortion to save her life or to protect it the destruction of a great movement of the body,” said the opinion. “The law gives doctors—not judges—the discretion and responsibility to exercise their proper medical judgment, given the facts and unique circumstances of each patient.”
Earlier Monday, Nancy Northup, president and CEO for CRR, said the “legal limbo” in court was difficult for Cox.
“The last week of legal limbo has been really bad for Kate,” Northup said. “Her health is on the line, she’s been in and out of the emergency room and can’t wait any longer… Kate’s case has shown the world why abortion should be banned. babies are dangerous for pregnant women, and the exemptions do not work. Kate doesn’t have the strength to leave the state, most people don’t, and a situation like this can be a death sentence.”
Cox’s representatives asked the Texas Supreme Court to still issue a decision, even though she had an abortion outside of the state.
“Because the issues in this case can be repeated and avoid consideration, however the Plaintiffs intend to continue their cases,” Molly Duane, Cox’s attorney from CRR, said in a letter to the clerk of the Texas Supreme Court on Monday first.
Cox received offers to help her get an abortion in other states, such as Colorado, and other countries, including Canada, according to CRR. It was not disclosed where abortion care is available.
In Cox’s original lawsuit, she said her baby had been diagnosed with full trisomy 18, a condition that increases the risk of miscarriage or stillbirth. and low life expectancy.
Marc Hearron, senior attorney at CRR, said Cox had been told by doctors that they could give her an induction of labor if the baby’s heart stopped beating. Cox – already the mother of a 3-year-old and a 1-year-old – has had two cesarean births, and was told that “induction carries a serious risk of miscarriage uterine,” according to the lawsuit.
“I don’t want to put my body in danger of continuing this pregnancy, I don’t want to continue until my baby dies in my womb or I have to give birth to a baby that will be born or will be measured life in hours or days. full of medical tubes and machines,” Cox told the court.
“Trisomy 18 babies who survive birth usually suffer from heart failure or respiratory failure. I don’t want my baby to come into this world only to see him suffer from heart failure the womb. This is the medical care that gives the best chance for another baby,” Cox told the court.
The CRR also alleged that Cox’s health was at risk and there was a “risk of health problems” if her pregnancy continued, including the possibility of losing her fertility.
Texas has the most abortion bans and is one of 16 states that have banned nearly all abortion services since the US Supreme Court issued a ruling overturning Roe v. Wade, ending federal protections for civil rights, according to an ABC News tally.
The Texas ban includes exceptions to allow abortions in cases of medical emergency and fetal death, but doctors and patients say, in another lawsuit filed in March, they cannot provide care or lack of maintenance, under the law. Under Texas law, it is a second-degree felony to perform or attempt an abortion, punishable by up to life in prison and a fine. not more than $10,000. The law also allows private citizens to prosecute anyone who “aids or abets” an abortion.
The plaintiffs say that the laws are confusing and do not define an exception to the ban – which allows abortion to save the life of the mother or to stop the body’s vitality. -and made heavy penalties against doctors, up to life in prison.
In a court filing Sunday, Paxton’s attorney told the state’s highest court that the dangers of construction do not qualify as life-threatening. allows a patient to have an abortion under Texas law. His office argued that a fetal malformation did not qualify either.