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The Texas Supreme Court ruled against Kate Cox, the pregnant mother who sought permission to obtain an emergency abortion,on Monday.
“These laws reflect the policy choice that the Legislature has made, and the courts must respect that choice,” the court’s seven-page ruling read. The court found that Cox’s doctor, Dr. Damla Karsan,had “asked a court to pre-authorize the abortion yet she could not, or at least did not, attest to the court that Ms. Cox’s condition poses the risks the exception requires.”
Cox, who is 20 weeks pregnant and a mother of two, had filed a lawsuit against Texas over its restrictive abortion bans. Her fetus was found to have a fatal condition known as Trisomy 18. The baby has no chance of survival, but under state law, there are only two options available to Cox: a vaginal delivery, or a C-section. Either option would risk her life or her ability to have children in the future.
Earlier on Monday, Cox’s lawyers said she was forced to flee the state to get medical care.
“This past week of legal limbo has been hellish for Kate,” said Nancy Northup, president and CEO at the Center for Reproductive Rights, which represents Cox. “She’s been in and out of the emergency room and she couldn’t wait any longer.”
Last week, Cox petitioned for, and was granted, a temporary restraining order that would have allowed her to obtain an abortion under the ban’s narrow exceptions.
Cox, Judge Maya Guerra Gamble, wrote in her opinion, “has already been to three emergency rooms with severe cramping, diarrhea, and leaking unidentifiable fluid. If she is forced to continue this pregnancy, Ms. Cox is at a particularly high risk for gestational hypertension, gestational diabetes, fetal macrosomia, post-operative infections, anesthesia complications, uterine rupture, and hysterectomy, due to her two prior C-sections and underlying health conditions.”
After Judge Gamble issued her ruling, Texas Attorney General Ken Paxton sent letters to three Houston-area hospitals where the doctor, who was to perform her abortion, practices. In his letter, he threatened staff with civil and criminal penalties if the procedure were to take place.
The following Friday, the Supreme Court put the lower court’s decision on hold, and said the case would remain pending.
On Monday, Cox’s legal team notified the court that Cox had left the state. “Due to the ongoing deterioration of Ms. Cox’s health condition, and in light of the administrative stay entered by the Court on December 8 and the Attorney General’s ongoing threats to enforce Texas’s abortion bans against the Plaintiffs in this case, Ms. Cox is now forced to seek medical careoutside of Texas,” her attorney Molly Duane wrote.
