Texas Attorney General Appeals to State Supreme Court After Woman Granted Permission for Abortion Lawsuit
Texas AG petitions state Supreme Court after lower court grants permission for emergency abortion, raising concerns about the disregard for the unborn child's life
Texas Attorney General Ken Paxton has filed a petition with the Texas Supreme Court to intervene in the case of a pregnant woman who was granted permission by a lower court judge on Thursday to obtain an emergency abortion. The lower court judge granted a 14-day temporary restraining order against the state's abortion ban, allowing Kate Cox, who sued the state seeking a court-ordered abortion, to legally terminate her pregnancy.
The decision represented a major milestone in the continuing discussion regarding the state's medical exemption to its highly debated prohibition of abortions after six weeks, which is one of the most stringent in the country.
In its filings with the state Supreme Court, the state requested an urgent halt to the district court judge's ruling.
Kate Cox, a 31-year-old mother of two from Dallas-Fort Worth, sued the state of Texas in order to get an abortion.
Kate Cox/AFP Handout
A Texas judge ruled a pregnant woman who sued the state seeking an abortion can legally terminate her pregnancy
Paxton has already warned of legal action against anyone providing assistance in obtaining an abortion. In a letter to three Houston hospitals, Paxton questioned the medical necessity of the procedure for Cox and threatened prosecution.
The state attorney general cautioned hospitals that the ruling on Thursday would not protect them from civil and criminal consequences, including first-degree felony prosecutions and civil penalties of at least $100,000 per violation.
Cox, who is 20 weeks pregnant, requested an emergency hearing to access abortion services upon discovering that her unborn baby had trisomy 18, a fatal genetic condition, and was not expected to survive for more than a few days after birth, as stated in the lawsuit.
Petition shows disregard for Coxs life
Medical Suit Details Woman's Pregnancy Complications
Cox's attorneys, along with the Center for Reproductive Rights, a legal group advocating for abortion rights, issued a response to Paxton's petition on Friday. They urged the state's high court to reject Paxton's request, labeling the attorney general's efforts as "shocking in its lack of regard for Ms. Cox's life, reproductive rights, and the legal system."
"The State asserts that it has the authority to prioritize the value of Ms. Cox's current nonviable pregnancy over her own life and the lives of her future children, despite Ms. Cox's wishes and the recommendations of her medical team," the response reads.
Furthermore, the plaintiffs argue that the state Supreme Court should promptly intervene to emphasize to the Attorney General that he is not exempt from the laws he is sworn to uphold, and must adhere to court directives like any other citizen he is responsible for serving.
The filing also asks the state Supreme Court to dismiss Paxton's threat of prosecuting the doctors and anyone else aiding in the abortion.
Molly Duane, Cox's lawyer, declined to disclose the timing and location of Cox's abortion on Thursday but stated they intended to facilitate her care as quickly as possible.
