Texas Supreme Court Blocks Judge’s Order To Allow Abortion For Pregnant Woman With Fatal Fetal Abnormality

The Texas Supreme Court has blocked a judge’s ruling that allowed a pregnant woman with a fatal fetal abnormality to have an abortion. 

The decision has brought attention to 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 lawsuit was filed by Kate Cox, a 31-year-old woman currently 20 weeks pregnant. Cox sought a temporary block on the state’s abortion ban, as she has been unable to undergo the procedure. 

The lawsuit states Cox’s baby has been diagnosed with trisomy 18, a condition that is not expected to allow for more than a few days of survival outside the womb.

After the ruling, Texas Attorney General Ken Paxton (R) warned Cox’s physician that she could potentially face civil and criminal penalties if she performed the court-ordered procedure.

Cox’s lawsuit is believed to be one of the first instances in the country where an individual has sought a court-ordered abortion since the Supreme Court overturned Roe v. Wade last year.

In the emergency hearing, a state judge agreed to temporarily restrain the order against the state and allow Cox to immediately proceed with the abortion. The ruling was met with emotional reactions from Cox and her husband.

While the ruling is a victory for Cox, her attorney, Molly Duane, emphasized that the fight is far from over.

Cox’s case did not restore access to abortion to the thousands of other women at risk. She called the state’s argument “callous in the extreme,” and said, “They don’t care whether people live or die as long as they’re forced to give birth.”

Paxton responded to the ruling with a letter to the hospitals where Cox’s physician has privileges and warned them that they could still face civil and criminal liability.

Paxton emphasized that the ruling does not prevent civil action by private citizens under Senate Bill 8, a controversial Texas law that allows individuals to sue those who perform or facilitate an abortion.

In the hearing, the state argued that Cox’s pregnancy symptoms did not meet the standard set by the state’s medical emergency exception. The ongoing debate revolves around the subjective medical reasons for abortion and the clarity of the state’s exception rule.

Critics argue that the rule is vague and causes doctors to refrain from performing necessary abortions due to fear of legal consequences.

Trisomy 18, also known as Edwards syndrome, is a chromosomal condition that can lead to organ abnormalities and often results in fetal and infant mortality.

Cox’s gynecologist, Dr. Damla Karsan, expressed a “good faith belief” that Cox falls under the legal exception to the abortion ban but required a court order to proceed due to potential legal consequences.

The Texas abortion ban has led some TV and movie producers to refuse to work in the state.