In a landmark decision, the Texas Supreme Court has temporarily put a stop to a lower court’s ruling that granted a pregnant woman permission to have an emergency court-authorized abortion. The move, effectively halting her ability to terminate her pregnancy, comes as the state enforces stringent rules against abortion.
The high court intervened on Dec. 9, responding to a district court’s decision to grant Kate Cox, a 20-week pregnant woman, the right to an emergency abortion. The lawsuit, brought forth by Cox, centered on her unborn baby’s diagnosis of Trisomy 18—a condition that posed multiple abnormalities and no possibility of survival post-birth.
The Texas Supreme Court’s administrative stay, issued on Dec. 8, applied to a temporary restraining order from the District Court of Travis County. This order paused the state’s strict abortion laws, permitting Cox to legally terminate her pregnancy. The high court, however, has expressed intent to delve deeper into the matter and deliver a comprehensive ruling at a subsequent time.
The court’s decision closely followed a motion filed by Texas Attorney General Ken Paxton, which warned three Texas hospitals against allowing the abortion to occur, laying out the prospect of legal action against them. Paxton asserted that the temporary restraining order would expire prior to the statutes of limitations for violating Texas’ abortion laws.
A vocal proponent in Cox’s corner, the Center for Reproductive Rights lambasted the Texas Supreme Court’s ruling and accused Attorney General Paxton of “playing despicable political games.” The group underscored that the fight was far from over, urging against a narrative where individuals have to petition courts for their recommended medical care.
Flagging concerns that the pregnancy posed a potential risk to her health and future fertility, Cox sought the right to terminate her pregnancy post the Trisomy 18 diagnosis. Her legal team argued that her previous C-sections put her at risk of severe complications, asserting that carrying the pregnancy to term would call for a third C-section. The ongoing legal battle resonates as one of the premier attempts in the nation to secure a court-authorized abortion post the landmark Roe v. Wade ruling.
