Texas Supreme Court denies judge-approved abortion for woman with nonviable pregnancy
Kate Cox, a Dallas mom of 2, left Texas to obtain an abortion after the state's highest court stepped in
The Texas Supreme Court ruled Monday night that a Dallas woman who had sought and obtained a court order allowing her to terminate her nonviable pregnancy did not meet the state's narrow threshold to obtain an abortion. The woman, Kate Cox, left Texas to obtain the procedure in another state, her lawyers said earlier Monday.
Cox's "health is on the line. She's been in and out of emergency rooms, and she couldn't wait any longer," said Nancy Northup, CEO of the Center for Reproductive Rights, which represented Cox in the case. For women who can't leave Texas, "a situation like this could be a death sentence."
Cox's case "marked a new chapter in the legal history of abortion in the United States, with pregnant women now going to court seeking permission for their doctors to do what they determine to be medically necessary without fear of severe criminal or civil penalties," The New York Times reported.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Cox learned last week, 20 weeks into the pregnancy, that her fetus has a fatal condition called trisomy 18, which almost always ends in miscarriage, stillbirth, or infant death. She asked a judge to clear her for an abortion under the law's medical exemption, and Travis County District Judge Maya Guerra Gamble did so on Thursday. Texas Attorney General Ken Paxton (R) threatened to prosecute the doctor and any hospital involved in the abortion and asked the Texas Supreme Court to block the order. The high court issued a stay on Friday.
Cox's doctor said continuing the pregnancy could result in serious medical complications, including the loss of her uterus and any chance at having more children. The all-Republican state Supreme Court said the doctor "could not, or at least did not, attest to the court that Ms. Cox's condition poses the risks the exception requires," and Gamble, a Democrat, incorrectly used the doctor's "good faith" determination an abortion was necessary, not the "reasonable medical judgment" required by state law.
"A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion," the court said in its ruling. "The law leaves to physicians — not judges — both the discretion and the responsibility to exercise their reasonable medical judgment." The justices asked the Texas Medical Board to "provide guidance in response to any confusion that currently prevails" about when a doctor can perform an abortion without risking life in prison.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
More women opted for sterilization after Roe was overturned
Under the radar New research shows that the trend is especially high in states where abortion was banned
By Theara Coleman, The Week US Published
-
The battle for abortion buffer zones
The Explainer A 2023 law banning protests around clinics remains unenforced amid dispute over 'silent prayer'
By Harriet Marsden, The Week UK Published
-
Infant deaths jumped in Texas after abortion ban
Speed Read Babies born in states with more abortion restrictions may be likelier to die within a year
By Peter Weber, The Week US Published
-
Texas dairy worker gets bird flu from infected cow
Speed Read The virus has been spreading among cattle in Texas, Kansas, Michigan and New Mexico
By Peter Weber, The Week US Published
-
OTC birth control arrives amid the battle over reproductive rights
Talking Points Opill will cost $19.99 a month. Democrats are pushing to make it cheaper.
By Joel Mathis, The Week US Published
-
The race to develop male birth control
The Explainer New contraception is being conceived
By Devika Rao, The Week US Published
-
The rise in illegal pregnancy termination investigations
Under the Radar 'Unprecedented' number of women being prosecuted prompts medical body to tell members not to report suspected cases to police
By The Week UK Published
-
Seattle Children's Hospital sues Texas over 'sham' demand for transgender medical records
Speed Read Texas Attorney General Ken Paxton subpoenaed records of any Texan who received gender-affirming care at the Washington hospital
By Peter Weber, The Week US Published