In a groundbreaking move, a Texas state court has issued an emergency order permitting a pregnant woman to undergo an abortion, challenging the state's stringent anti-abortion laws, per the Independent.

This marks the first such case since the overturning of Roe v. Wade, the historic abortion rights ruling.

The woman at the center of the case, Kate Cox, received a devastating diagnosis indicating that her baby has full trisomy 18, a condition that poses a severe threat to the baby's life.

According to Cox's lawyer, Molly Duane, senior staff attorney at the Center for Reproductive Rights, the baby may not survive until birth, and if it does, its life expectancy would be mere minutes, hours, or days.

Faced with limited options in Texas, where anti-abortion laws are particularly restrictive, Cox sought a temporary restraining order to enable her to undergo an abortion.

Her lawyer emphasized that the only alternatives available to Cox in Texas-induction or a C-section-pose significant risks to her future fertility, especially since she has already had two C-sections.

Duane argued that denial of the abortion could impact Cox's ability to have more children in the future.

"The idea that Ms. Cox wants desperately to be a parent and that this law might cause her to lose that ability is shocking and would be a genuine miscarriage of justice," said Judge Maya Guerra Gamble, visibly moved, during the court proceedings.

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Texas Attorney General Ken Paxton Responds to Judge's Ruling

Texas Attorney General Ken Paxton swiftly responded to the judge's decision, asserting that the order does not shield hospitals, doctors, or anyone else from potential civil and criminal liability for violating Texas abortion laws.

Paxton emphasized that private citizens, district attorneys, or county attorneys could still enforce pre-Roe abortion laws against Cox's doctor or others involved, according to NBC News.

The Texas attorney general contends that the judge's order allowing the pregnant woman to get an abortion will expire well before the statute of limitations for violating Texas abortion laws comes into play.

Paxton, in a letter to three Texas hospitals associated with Cox's doctor, warned of potential liabilities related to credentialing and professional judgment.

Two hospitals remained silent on the matter, while the third clarified its non-involvement in the lawsuit.

Paxton maintained that the judge's order failed to establish that Cox qualified for the medical exception to Texas abortion laws.

Marc Hearron, senior counsel at the Center for Reproductive Rights, countered Paxton's claims, accusing him of fearmongering and misrepresenting the court's order.

Texas Abortion Ban Faces Legal Challenge

Texas boasts one of the country's most stringent abortion bans, allowing few exceptions, MSNBC noted.

However, in a hearing presided over by State District Judge Maya Guerra Gamble, Cox's request was granted, permitting her doctor to terminate the pregnancy.

This lawsuit is believed to be the first in the United States to seek court approval for an abortion post the Supreme Court's Roe v. Wade decision.

Physicians and patients have expressed concerns about the vague language in Texas abortion law, fearing potential civil or criminal penalties for providing abortions in cases of severe pregnancy complications.

In a July hearing, three Texas women testified about the emotional toll of being compelled to carry pregnancies with little to no hope of survival.

A judge ruled the state's ban was too restrictive for women facing serious pregnancy complications, but the ruling was put on hold pending Texas' appeal.

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This article is owned by Latin Post.

Written by: Bert Hoover

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