Texas judge approves pregnant woman’s abortion request

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TL/DR –

A Texas judge granted an emergency order to allow a pregnant woman, Kate Cox, to have an abortion due to a fatal diagnosis of her fetus. Cox’s fetus has trisomy 18, a rare chromosomal disorder likely to cause stillbirth or the death of the baby shortly after birth. The order also allows Cox’s doctor to perform the abortion without fear of prosecution by the state, despite Texas law typically prohibiting almost all abortions with limited exceptions.


Judge grants abortion permission for pregnant woman in Texas

A Texas judge permitted Kate Cox, a 31-year-old pregnant woman with a fatal fetal diagnosis, to undergo an abortion. Cox, a mother of two from Dallas, discovered her fetus has trisomy 18, a rare chromosomal disorder causing stillbirth or infant death shortly after birth. Texas abortion laws typically prohibit nearly all abortions, prompting Cox, her husband, and her doctor to file a request for a temporary restraining order to lift the ban in Cox’s specific case.

Senior staff attorney at the Center for Reproductive Rights, Molly Duane, argues Cox’s life and future fertility are at risk as carrying this pregnancy to term could expose her to serious medical issues, particularly as Cox’s previous pregnancies resulted in C-section deliveries. Duane highlighted Cox’s numerous visits to the emergency room due to severe complications related to her pregnancy.

State District Judge Maya Guerra Gamble granted the requested order, which also enables Cox’s doctor to perform the abortion without state prosecution. “The idea that Miss 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,” said the judge.

Meanwhile, Texas Attorney General Ken Paxton argued the judge’s order doesn’t exempt anyone from civil and criminal liability for violating Texas’ abortion laws, highlighting potential consequences for hospitals or doctors performing abortions. He added that the order and lawsuit fail to prove that Cox qualifies for the medical exception to Texas’ abortion laws.

According to Cleveland Clinic, trisomy 18 is a severe genetic condition occurring in around 1 out of every 2,500 pregnancies. Almost 40% of babies with trisomy 18 don’t survive labor, and less than 10% live past their first year.

Following the Supreme Court’s decision to overturn Roe v. Wade in June 2022, over a dozen states have since banned abortion or lack facilities for women to receive the procedure. In another lawsuit in Texas, the Center for Reproductive Rights aims to clarify medical exceptions under Texas’ abortion laws.

Cox’s case is unique as few pregnant women have sought emergency court orders for an abortion. Accessibility to out-of-state abortions, especially during medical emergencies, is not an option for many, according to Duane. “Kate wants to be able to receive health care in her own community and a place that she feels comfortable,” she added.

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