Texas Supreme Court rules against mom, 31, who won the right to have an abortion moments after she flees state to terminate her unviable pregnancy elsewhere
The Texas Supreme Court on Monday overturned a lower court ruling that allowed a woman to have an abortion — hours after leaving the state — to get the procedure in another area.
Kate Cox, a 31-year-old mother of two, won a rare challenge to the Lone Star State's abortion ban after her pregnancy was declared nonviable.
She argued that she could lose her uterus if her pregnancy continued, and that this would prevent her from having a third child in the future.
But Cox, who did not trust the state's decision and feared she would still be prosecuted or have the proceedings blocked, decided to leave the state on Monday.
“After a week of legal whiplash and threats of prosecution from Texas Attorney General Ken Paxton, our client Kate Cox has been forced to flee her home state of Texas to receive the time-sensitive abortion care needed to protect her health and future fertility,” the Center for Reproductive Rights confirmed on social media.
Hours after she left, the Texas Supreme Court ruled that she could not have had the abortion in their state.
Mother Kate Cox, 31, of Dallas, is carrying a baby diagnosed with a chromosomal abnormality that will almost certainly cause death before birth or soon after
After a judge ruled that Cox could have an abortion, Texas Attorney General Ken Paxton threatened her doctors with legal action and appealed the decision to the state Supreme Court. The higher court decided to temporarily block Cox's abortion
The Texas Supreme Court — made up of nine Republicans — called on the state's medical board to provide more guidance on the “medical emergency” exception that is the basis of Cox's case.
The court said Cox's doctor did not determine or certify that Cox's symptoms were life-threatening.
'No one disputes that Ms Cox's pregnancy was extremely complicated. All parents would be devastated to hear of their unborn child's diagnosis (fatal condition). However, some difficulties during pregnancy, even serious ones, do not pose the greater risks to the mother that the exception entails,” the opinion said.
“The exception requires a physician to decide whether Ms. Cox's problems pose such risks,” the ruling continues.
“(A doctor) asked a court to pre-approve the abortion, but she could not, or at least could not, testify to the court that Ms. Cox's condition poses the risks that the exception requires.”
The state Supreme Court has asked the Texas Medical Board to provide further guidance on the law.
“The courts cannot go further by entering the arena of medical judgment. However, the Texas Medical Board can do more to provide guidance in response to any confusion that currently exists,” the advisory said.
“Each of the three branches of government has a distinct role, and while the judiciary cannot force the executive to do their part, it is clear that the legal process runs smoother if they do.”
Kate and her husband Justin watched a legal hearing virtually
Protesters march and gather near the Texas State Capitol in Austin following the Supreme Court's decision to overturn Roe v. Wade on June 24, 2022.
After the US Supreme Court ruled last year that states could decide for themselves about abortion, a so-called trigger law came into effect in Texas that bans all abortions after six weeks, except when the mother's life was in danger.
Cox, a married mother from Dallas, decided with her doctor that her pregnancy should be terminated after learning that the baby inside her would die at birth and that carrying the child to term could harm her chances of future pregnancies.
Because of an abortion ban in Texas, Cox asked a judge to grant her a medical exception to state law, which does not allow abortions after six weeks — a period when most women don't even know they are pregnant.
The judge ruled in Cox's favor last week, but just days later, Attorney General Ken Paxton — himself the target of multiple criminal investigations — challenged the ruling in the state's highest court.
“The past week of legal uncertainty has been hell for Kate,” said Nancy Northup of the Center for Reproductive Rights.
'Her health is at stake. She's been in and out of the emergency room and she couldn't wait any longer. This is why judges and politicians are not allowed to make health care decisions for pregnant people.”
It's unclear where Cox fled to, but her lawyers argue her story shows why abortion bans are so dangerous.
“Kate really wanted to be able to receive care where she lives and recover at home surrounded by family,” Northup added.
“While Kate had the option to leave the state, most people don't, and a situation like this could be a death sentence.”
Two Texas counties have gone so far as to make it illegal to transport someone through any of these counties or cities for the purpose of obtaining an out-of-state abortion.
Mitchell County, a rural county near the Texas-New Mexico border, is one of them.
Located off Interstate 20, it is a likely county that women would pass through if they were seeking an out-of-state abortion.