Court Grants Time to Deliberate on Landmark Abortion Case
In a significant development, the Texas Supreme Court has temporarily stayed a ruling that would have allowed a pregnant woman, Kate Cox, to have an abortion. The court’s one-page ruling states that the stay is granted “without regard to the merits” and aims to provide more time for the court to consider the case.
Urgent Medical Care Delayed
Molly Duane, senior staff attorney at the Center for Reproductive Rights, which is representing Cox, expressed concern over the delay, saying, “While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied.” Duane emphasized the urgency of the situation, as Cox is already 20 weeks pregnant and in need of immediate medical care.
The First Challenge Since Roe v. Wade
Cox, a mother of two from Dallas, filed a lawsuit seeking approval to have an abortion in Texas. This groundbreaking case is believed to be the first of its kind since the U.S. Supreme Court overturned Roe v. Wade last year, granting states the power to enact their own abortion laws. The order issued by the Texas Supreme Court specifically applies to Cox and does not extend to other pregnant women in the state.
A High-Risk Pregnancy
Cox’s lawsuit stems from the high-risk nature of her pregnancy. In August, she discovered that her baby was at high risk for trisomy 18, a condition associated with miscarriage, stillbirth, and low survival rates. Cox’s attorneys argue that inducing labor in the event of a stopped heartbeat could result in a uterine rupture due to her previous cesarean sections, putting her future reproductive health at risk.
Attorney General’s Opposition
Texas Attorney General Ken Paxton, a Republican, contended that Cox does not meet the criteria for a medical exception to the state’s abortion ban. Paxton urged the Texas Supreme Court to intervene, raising concerns about the potential violation of state law and the irreversible loss of life. Furthermore, Paxton warned Houston hospitals that they could face consequences if they allowed Cox’s physician to proceed with the abortion, despite a previous ruling from state District Judge Maya Guerra Gamble.
This is an ongoing case, and future developments will shape the landscape of abortion rights in Texas.