Current:Home > ScamsTexas Supreme Court rules against woman seeking emergency abortion after she leaves state for procedure -Quantum Capital Pro
Texas Supreme Court rules against woman seeking emergency abortion after she leaves state for procedure
View
Date:2025-04-14 00:18:31
Austin, Texas — A Texas woman who had sought a legal medical exemption for an abortion has left the state after the Texas Supreme Court paused a lower court decision that would allow her to have the procedure, lawyers for the Center for Reproductive Rights said Monday.
State District Judge Maya Guerra Gamble last week had ruled that Kate Cox, a 31-year-old mother of two from Dallas, could terminate her pregnancy. According to court documents, Cox's doctors told her her baby suffered from the chromosomal disorder trisomy 18, which usually results in either stillbirth or an early death of an infant.
As of the court filing last week, Cox was 20 weeks pregnant. According to the Center for Reproductive Rights, which brought the lawsuit, Cox left the state because she "couldn't wait any longer" to get the procedure.
"Her health is on the line," said Center for Reproductive Rights CEO Nancy Northup. "She's been in and out of the emergency room and she couldn't wait any longer."
In response to Gamble's decision, Texas Attorney General Ken Paxton warned a Texas medical center that it would face legal consequences if an abortion were performed.
In an unsigned order late Friday, the Texas Supreme Court then temporarily paused Gamble's ruling.
On Monday, after Cox left the state, the state Supreme Court lifted the pause, dismissing it as moot, and overturned the lower court ruling that had granted Cox's request.
The state high court said in its opinion that Cox's doctor had the discretion to determine whether her case met the standard for an exception to the state's abortion ban, that is, whether her life or a major bodily function was threatened by her pregnancy.
It found that Cox's doctor did not assert a "good faith belief" about whether Cox's condition met the law's standard, and yet the lower court granted her the exception to obtain an abortion anyway.
"Judges do not have the authority to expand the statutory exception to reach abortions that do not fall within its text under the guise of interpreting it," the high court said in its opinion.
According to court documents, Cox's doctors had told her that early screening and ultrasound tests suggested her pregnancy is "unlikely to end with a healthy baby," and due to her two prior cesarean sections, continuing the pregnancy puts her at risk of "severe complications" that threaten "her life and future fertility."
The lawsuit alleged that due to Texas' strict abortion bans, doctors had told her their "hands are tied" and she would have to wait until the fetus dies inside her or carry the pregnancy to term, when she would have to undergo a third C-section "only to watch her baby suffer until death."
The lawsuit was filed as the state Supreme Court is weighing whether the state's strict abortion ban is too restrictive for women who suffer from severe pregnancy complications. An Austin judge ruled earlier this year that women who experience extreme complications could be exempt from the ban, but the ruling is on hold while the all-Republican Supreme Court considers the state's appeal.
In the arguments before the state Supreme Court, the state's lawyers suggested that a woman who is pregnant and receives a fatal fetal diagnosis could bring a "lawsuit in that specific circumstance."
According to the Center for Reproductive Rights, Cox v. Texas is the first case since the overturning of Roe v. Wade to be filed on behalf of a pregnant person seeking emergency abortion care. Last week, a woman in Kentucky who is 8 weeks pregnant filed a lawsuit challenging the state's two abortion bans.
Joe Ruiz contributed to this report.
- In:
- Texas
- Abortion
veryGood! (75)
Related
- The Louvre will be renovated and the 'Mona Lisa' will have her own room
- Google unveils a quantum chip. Could it help unlock the universe's deepest secrets?
- Selena Gomez engaged to Benny Blanco after 1 year together: 'Forever begins now'
- The White House is cracking down on overdraft fees
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
- Rolling Loud 2024: Lineup, how to stream the world's largest hip hop music festival
- Who's hosting 'Saturday Night Live' tonight? Musical guest, how to watch Dec. 14 episode
- 'Survivor' 47 finale, part one recap: 2 players were sent home. Who's left in the game?
- Have Dry, Sensitive Skin? You Need To Add These Gentle Skincare Products to Your Routine
- The Daily Money: Spending more on holiday travel?
Ranking
- Dick Vitale announces he is cancer free: 'Santa Claus came early'
- House passes bill to add 66 new federal judgeships, but prospects murky after Biden veto threat
- Who's hosting 'Saturday Night Live' tonight? Musical guest, how to watch Dec. 14 episode
- Romantasy reigns on spicy BookTok: Recommendations from the internet’s favorite genre
- A Mississippi company is sentenced for mislabeling cheap seafood as premium local fish
- Pressure on a veteran and senator shows what’s next for those who oppose Trump
- Pressure on a veteran and senator shows what’s next for those who oppose Trump
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
Recommendation
Nearly 400 USAID contract employees laid off in wake of Trump's 'stop work' order
Sarah J. Maas books explained: How to read 'ACOTAR,' 'Throne of Glass' in order.
Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Triathlon
Selena Gomez's "Weird Uncles" Steve Martin and Martin Short React to Her Engagement
New Zealand official reverses visa refusal for US conservative influencer Candace Owens
US appeals court rejects Nasdaq’s diversity rules for company boards
NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
Realtor group picks top 10 housing hot spots for 2025: Did your city make the list?