Unprecedented Challenge Over Abortion Bans
Kate Cox, a mother of two in Texas, is facing an unimaginable situation. She recently learned that her unborn baby has a fatal condition, with a high likelihood of stillbirth or death shortly after birth. Cox, 31, finds herself at the center of an unprecedented challenge over abortion bans that have dramatically altered the landscape for women in the United States.
Texas Supreme Court Considers Cox’s Case
A Texas judge initially granted Cox permission to receive an abortion, but the state’s highest court has now put that decision on hold. Cox, who is currently 20 weeks pregnant, can no longer proceed until the Texas Supreme Court makes a ruling. This court is comprised of nine Republican justices, and no timeline has been given for their decision.
The First Lawsuit Since Roe v. Wade
It is believed that Cox’s lawsuit is the first of its kind since the landmark Roe v. Wade decision was overturned last year. This case is now asking a court for permission to obtain an abortion. Another pregnant woman in Kentucky has also filed a similar challenge. The Center for Reproductive Rights, representing Cox, posted on Saturday, “With our client’s life on the line, the State of Texas is playing despicable political games. This fight is not over.”
The Details of Cox’s Situation
Kate Cox resides in the Dallas area with her husband and their two children, aged 3 and 1. Both of her previous pregnancies were difficult, and she required cesarean surgery for both deliveries. In October, doctors informed Cox that her fetus had a high risk of a condition called trisomy 18, which carries a high likelihood of miscarriage or stillbirth, as well as low survival rates.
According to Cox’s lawsuit, she has been to the emergency room at least four times, including this week, and her health is increasingly at risk the longer she remains pregnant. Doctors have advised that inducing labor or carrying the baby to term could jeopardize her future ability to have more children.
The Legal Battle
Republican Texas Attorney General Kan Paxton is leading the efforts to prevent Cox from obtaining an abortion. His office argues that Cox does not meet the requirements for a medical exception under the state’s ban. They claim that Cox has not demonstrated that her life is at imminent risk, as she was sent home after her visits to the hospital emergency rooms.
Texas is one of 13 states that quickly banned abortion at almost all stages of pregnancy after Roe v. Wade was overturned. The state has a long history of strict abortion laws, and there are ongoing efforts to make it even harder for pregnant women to seek the procedure in states where it is legal.
Under Texas’ bans, doctors who provide abortions can face criminal charges and lawsuits from private citizens. However, the laws do not threaten the mother with any legal consequences. Since the ban took effect last year, fewer than 50 women in Texas have received abortions, according to state health data. None of these cases resulted in criminal charges or lawsuits.
Legal Questions and Class-Action Lawsuit
Who qualifies for a medical exception under Texas’ ban has become a significant legal question since the overturning of Roe v. Wade. Another case before the Texas Supreme Court argues that the requirements are too vague, leaving doctors afraid to provide abortions under any circumstance.
Hours before the Texas Supreme Court put Cox’s case on hold, a woman in Kentucky, eight weeks pregnant, also demanded the right to an abortion in state court. Unlike Cox’s case, this Kentucky lawsuit seeks class-action status to include other women who are or will become pregnant and want to have an abortion. The state Attorney General’s office is reviewing the lawsuit.
