The Texas Supreme Court temporarily blocked a judge’s decision to allow a woman to have an emergency abortion.
On Thursday, Texas Attorney General Ken Paxton filed a motion to overturn a lower court’s ruling allowing a Dallas woman, Kate Cox, to legally terminate her pregnancy under a 14-day restraining order against the state’s abortion ban.
Abortion is currently banned in Texas after six weeks, which is before most people know they are pregnant. The law does not allow exceptions for women who were pregnant as a result of rape or incest. Under the law, private citizens can also sue doctors or abortion clinic employees who perform or assist in setting up the procedure.
Cox, 31, is 20 weeks pregnant and her fetus has been diagnosed with the deadly genetic disease trisomy 18, which is threatening her health. She was advised by several doctors that “her pregnancy would likely end in a stillbirth or, at best, her child would live only a few minutes, hours or days,” according to her attorneys’ response to Paxton’s complaint.
In the petition, Paxton argues that Cox should not be allowed to have an abortion because she failed to prove that her pregnancy caused a “life-threatening” medical condition that puts her at “risk of death” or serious bodily injury.
Paxton asked the court for an immediate stay of the lower court’s ruling and stressed that the temporary restraining order will not protect anyone who helps facilitate abortions from prosecution for violating state abortion laws.
Texas Attorney General Ken Paxton.
Brett Coomer/Getty
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Molly Duane — an attorney with the Center for Reproductive Rights, which represents Cox — said the temporary block is delaying the immediate medical attention Cox needs.
“While we still hope that the Court will ultimately reject the state’s request and quickly, in this case we fear that justice delayed will be justice denied,” she said in a statement.
Following Paxton’s block, the Center for Reproductive Rights announced Monday that Cox will leave the state to receive abortion services because her “health is at risk.” Cox “was in and out of the emergency room and couldn’t wait any longer.”
“After a week of legal wrangling and threats of prosecution from Texas Attorney General Ken Paxton, our client Kate Cox was forced to flee her home state of Texas to receive the abortion care she needed to protect her health and future fertility.” Nancy Northup, executive director of the abortion rights group, said xformerly Twitter.
“Kate was desperate to receive care where she lives and recover at home surrounded by family,” she continued. “Although Kate had the option to leave the country, most people don’t, and this situation could be a death sentence.”
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Source: HIS Education