Background
Last week, a Texas woman, Katie Cox, faced a legal battle as she sued her home state for the right to obtain an abortion. This case presents a new challenge to the abortion bans that several Republican-controlled states have implemented since the overturn of Roe v. Wade. However, despite her efforts, the Texas Supreme Court denied Cox’s request on Monday. Nevertheless, Cox’s lawyers claim that she had already traveled out of state for an abortion by that time.
Cox’s Circumstances
Cox, a 31-year-old mother of two young children, and her husband wanted to expand their family. However, tests revealed that the baby she was carrying had trisomy 18, a condition that would likely result in the baby’s death in utero or shortly after birth. Cox experienced a challenging pregnancy, which included multiple trips to the emergency room. By the time she filed her lawsuit, she was already 20 weeks pregnant. Cox argued that delivering the baby at full term carried the risk of uterine rupture, which would jeopardize her ability to have future pregnancies.
Abortion Bans in Texas
Texas currently has multiple abortion bans in place. While the state allows abortion in cases where it is deemed necessary to save the life of the pregnant woman, there is no exception for fatal fetal anomalies like trisomy 18. Doctors who provide illegal abortions in Texas can face severe consequences, including up to 99 years in prison, hefty fines, and the revocation of their medical licenses.
Cox’s Lawsuit
Cox’s diagnosis of trisomy 18 came on the same day that the Texas Supreme Court heard arguments in another case involving a group of physicians and women who were denied abortions. These individuals are challenging the vague exceptions in Texas’ abortion bans, which they argue make doctors apprehensive about providing abortions in almost any circumstance. While Cox’s case is different from this ongoing legal battle, news of it led her to seek representation from the lawyers involved.
The Legal Battle
On Friday, a judge in Austin granted Cox permission to receive an abortion. However, the state attorney general cautioned that anyone who performed the procedure could still face legal consequences. The Texas Supreme Court later suspended the lower court’s order, and on Monday, ruled against Cox. The court decided that her pregnancy complications did not meet the criteria for a medical emergency under which abortions are allowed. Despite this ruling, Cox’s lawyers revealed that she had already traveled out of state for the abortion procedure.
Broader Implications
While the Texas court ruling only applies within the state, Cox’s case has sparked a wave of similar legal challenges. In Kentucky, another pregnant woman has sued her home state for the right to have an immediate abortion. Although this woman’s lawsuit is based on the constitutionality of Kentucky’s ban, her lawyers recently announced that her embryo no longer had cardiac activity. Nonetheless, they plan to continue pursuing the case. Legal experts argue that these lawsuits highlight the importance of advocating for the rights of pregnant women and the complexities they face in obtaining abortions.
