Texas Court Pauses Abortion
The Texas Supreme Court has temporarily stayed a lower court ruling that had allowed a 31-year-old pregnant woman, Katie Cox, to obtain an abortion at 20 weeks of pregnancy after her fetus was diagnosed with a fatal anomaly.
The ruling, which came down on Friday, pauses the decision made on Thursday by a state district court judge allowing Ms. Cox to terminate her pregnancy based on the medical risks she faces if forced to carry to term. Ms. Cox’s doctors state that going through labor and delivery with the fetus that has full trisomy, a chromosomal disorder that leads to miscarriage, stillbirth or death shortly after birth, would force her to undergo a C-section or induction that could seriously injure her or impact her future fertility.
Life Threatening Risks
Doctors say Ms. Cox would likely require a C-section due to previous ones. An induction could also lead to a uterine rupture in her case. Despite these imminent health risks, Texas has a near total abortion ban that criminalizes the procedure from the point of fertilization onward.
The state also utilizes a unique “bounty law” that incentivizes private citizens to sue anyone assisting with abortion access. This has created a complex legal landscape limiting options for pregnant people needing urgent care.
Justice Delayed, Justice Denied Fears
Attorneys representing Ms. Cox expressed dismay over the higher court’s intervention. They stated that “justice delayed will be justice denied” given the time sensitive nature of the case and risks to the plaintiff’s wellbeing. At 20 weeks gestation already, postponing a decision much longer could make abortion care impossible to obtain within the narrow allowances currently granted for medical emergencies in Texas.
Molly Duane, an attorney from the Center for Reproductive Rights advocating for Ms. Cox, emphasized that “We are talking about urgent medical care. Kate is already 20 weeks pregnant. This is why people should not need to beg for healthcare in a court of law.”
State Arguments to Uphold Abortion Restrictions
The Texas Attorney General’s office petitioned the Supreme Court to pause the lower ruling, arguing that “Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law.”
Essentially, the state believes its interest in restricting abortion outweighs Ms. Cox’s rights to medically advised care and prevention of personal harm. Attorney General Paxton has been an outspoken supporter of Texas’s abortion bans with few exceptions. The Supreme Court’s temporary stay seems to indicate possible sympathy with this stance.
National Implications of Texas Abortion Battle
The legal fight currently playing out around Ms. Cox’s situation symbolizes larger national divisions on the issue of abortion often pitting state laws against federal constitutional rights protections. Texas is one of several conservative led states moving to enact strict anti-abortion legislation in the aftermath of the 2022 Dobbs Supreme Court ruling overturning Roe V. Wade.
That seismic decision eliminated the federal right to abortion, enabling states to set their own policies. The current legal ambiguities around whether state laws can supercede a patient’s health needs or doctor’s judgement sets up likely future challenges. Ms. Cox’s case specifically centers on whether banning abortion outright with almost no consideration of threats to a pregnant person’s physical safety goes beyond limits.
Conclusion
For now, Ms. Cox remains unable to access recommended medical care due to Texas abortion restrictions back in effect. The Texas Supreme Court offered no definite timeline for making a final ruling on the appeal of her prior temporary win allowing abortion access. With each day that passes, risks increase for Ms. Cox in carrying the non-viable pregnancy further. The case epitomizes the real world impacts of limits on abortion enshrined in law with patients caught in the middle of polarized ideological battles around reproductive rights unfolding across America.
