It’s shaping up to be yet another dismal month for abortion rights in the US, as demonstrated by the Texas Supreme Court’s recent denial of Dallas resident Kate Cox’s attempt to terminate her high-risk pregnancy. The court ruled on Monday that Cox did not qualify for an abortion under the medical exception to Texas’s highly controversial abortion ban, a decision that has quickly galvanized pro-choice protestors who were already feeling the effects of the reversal of Roe v. Wade since June of 2022.
Below, find all the details about Cox’s lawsuit, the organization helping her to access abortion care out of state, and the troubling implication of the Texas Supreme Court’s decision.
What originally happened with Cox’s pregnancy?
Cox and her husband, Justin—who have two children, calling to mind the fact that most people who have abortions are parents already—recently found out that Cox’s pregnancy with their third child carried no chance of survival thanks to a fatal condition called trisomy 18. At 20 weeks pregnant, Cox filed a lawsuit in order to circumvent Texas’s stringent abortion ban and terminate her pregnancy after her doctors warned her that continuing to carry could threaten her health and future fertility.
Who worked with Cox in bringing the lawsuit?
The lawsuit was filed by the Center for Reproductive Rights, a nonprofit that’s been advocating on behalf of those in need of reproductive care since 1992. “Kate’s case shows exactly why judges and politicians should not be making health care decisions for pregnant people,” president and CEO Nancy Northup said in a statement on Tuesday.
How did the Texas Supreme Court rule?
While Travis County District Judge Maya Guerra Gamble ruled last week that neither Cox nor her husband or ob-gyn should face charges for terminating her pregnancy, a last-minute emergency petition filed by Texas attorney general Ken Paxton caused the state Supreme Court to put Guerra Gamble’s order on hold. On Monday, the all-Republican Texas Supreme Court ruled against Cox, writing in its opinion: “A pregnant woman does not need a court order to have a lifesaving abortion in Texas. Our ruling today does not block a lifesaving abortion in this very case if a physician determines that one is needed under the appropriate legal standard, using reasonable medical judgment.”
Where is Cox now?
Cox’s lawyers announced on Monday that she had left the state in order to seek an abortion, noting that they would not be disclosing any further information about her health status or whereabouts. “She’s been in and out of the emergency room, and she couldn’t wait any longer,” said Northup.
Is this the only recent case of its kind in Texas?
No, unfortunately; the Center for Reproductive Rights earlier this year filed a lawsuit on behalf of two doctors and 20 women who were denied abortions in Texas while experiencing “severe and dangerous pregnancy complications.”
