Texas Woman's Abortion Grant Overturned by Top Court: What Happened?

The Texas Supreme Court, on Monday, reversed a prior decision allowing a pregnant woman, Kate Cox, to obtain an emergency abortion under the medical exception in the state's near-total abortion ban, Reuters reports.

The court's unanimous ruling followed a petition by Republican Attorney General Ken Paxton.

The Texas woman, Kate Cox, a 31-year-old mother of two, filed her lawsuit last week, revealing that her fetus had a fatal diagnosis, putting her health and future fertility at risk.

Despite leaving the state to seek the abortion, Cox expressed her intention to pursue the case. She emphasized the need to end the pregnancy promptly to safeguard her health and increase the chances of future pregnancies.

In response, the Texas Supreme Court comprised entirely of Republican justices, stated in an unsigned opinion that a doctor's "good faith belief" in the medical necessity of the abortion was insufficient for the state's exception.

Instead, the court insisted that, in her "reasonable medical judgment," the doctor, Damla Karsan, must determine that Cox has a "life-threatening condition" requiring an abortion to prevent death or impairment of a major bodily function.

Texas Woman's Lawsuit Highlights Urgency

Texas woman Kate Cox initiated her lawsuit upon discovering her fetus's lethal condition, seeking to avoid the potential health risks associated with continuing the pregnancy, per The Guardian.

The Center for Reproductive Rights represented Cox, noting that she had repeatedly visited the emergency room during her pregnancy.

"It is not a matter of if I will have to say goodbye to my baby, but when," said Cox in a statement during the lawsuit filing, expressing the emotional toll of the situation.

She emphasized the need to end the pregnancy promptly to minimize suffering and risks to her health.

While a Houston doctor indicated the ability to perform the Texas woman's abortion if allowed by the court, Attorney General Ken Paxton threatened legal action against Houston-area hospitals if they proceeded with the abortion.

Cox's case is notable as the first post-Roe case filed by an adult woman actively seeking an abortion while pregnant.

Following Cox's case, a pregnant woman in Kentucky filed a lawsuit challenging the state's abortion ban.

Texas Disputes Doctor's Opinion in Abortion Case

Texas Attorney General Ken Paxton's office argued that a fatal fetal condition does not meet the medical exception, asserting that the exception applies solely to the mother's condition, according to CNN. They claimed that none of the physicians treating the Texas woman in the Dallas-Fort Worth area had recommended an abortion.

Dr. Damla Karsan, a Houston-based physician and a plaintiff in the broader case, recommended Cox's abortion after reviewing her medical records. However, the state contended that Karsan's recommendation alone was insufficient.

Molly Duane, an attorney at the Center for Reproductive Rights, criticizes Texas Attorney General Ken Paxton, stating he's obstructing medical practice by scrutinizing women's records.

"What he's (Paxton) saying is that physicians in Texas shouldn't be practicing medicine," said Duane.

Duane also said claims that medical exceptions justify abortion bans are deceptive. Such bans hinder access to essential care for those who genuinely require it, challenging the legitimacy of these arguments. She argues that the requirement for court authorization for lifesaving medical care in Texas is untenable and outrageous.

This article is owned by Latin Post.

Written by: Bert Hoover

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