Texas Woman in Legal Battle Travels out of State for Abortion, Attorneys Confirm
A pregnant Texan woman involved in a contentious legal dispute regarding her high-risk pregnancy has departed the state to undergo the abortion procedure, according to her legal representatives
A Texas woman, Kate Cox, has left the state to obtain an abortion after finding herself in a legal battle over terminating her high-risk pregnancy. Her decision comes after learning that her fetus has a fatal condition and doctors have warned her that not getting the procedure could jeopardize her future fertility, according to her attorneys.
The Center for Reproductive Rights, representing Cox, announced on Monday that the 31-year-old mother, currently 21 weeks pregnant, has chosen to leave the state to seek healthcare elsewhere. Although the center is not disclosing further details about her plans, they have stated that she has received offers of assistance to access abortion services in various locations from Kansas to Colorado to Canada.
Nancy Northup, president and CEO at the Center for Reproductive Rights, expressed, "This past week of legal uncertainty has been extremely difficult for Kate. Her health is at risk, and she has been in and out of the emergency room. She could not afford to wait any longer. This emphasizes the importance of not having judges and politicians make healthcare decisions for pregnant individuals, as they lack medical expertise."
The state district court judge sided with Cox on Thursday and granted a temporary restraining order against the state, allowing her to legally have an abortion under Texas' "medical emergency" exception. Texas has a nearly complete abortion ban with limited exceptions. However, Texas Attorney General Ken Paxton quickly threatened criminal prosecution against doctors or hospitals who assist with the abortion, stating that they could still be charged even after the 14-day temporary restraining order expires.
Friday night, the high court temporarily halted Cox from getting an abortion while it reviews the case details and has not made a decision yet.
A court filing over the weekend backs the Republican attorney general's request for the Texas Supreme Court to step in.
CNN has contacted Paxton's office for a comment. According to Cox's attorney, she has visited the emergency room four times in the past month due to symptoms such as severe cramping, diarrhea, fluid leakage, and elevated vital signs. Her physicians have cautioned that due to her previous two C-section deliveries, she is at a high risk for complications, including potential uterine rupture in future pregnancies. Her legal representation indicates that another C-section would be required for this pregnancy, which Cox is concerned could compromise her health and future fertility.
Furthermore, the fetus is diagnosed with Trisomy 18, also known as Edwards syndrome, a deadly genetic condition that can lead to heart defects and other organ abnormalities. In almost 95% of cases, fetuses do not survive full term due to complications from the diagnosis, resulting in miscarriage or stillbirth, as reported by the Cleveland Clinic.
In Texas, the "medical emergency" exception permits an abortion if the pregnant woman's life is at risk due to a "life-threatening" physical condition or if there is "a serious risk of substantial impairment of a major bodily function."
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Critics argue the statute is too vague and has a chilling effect on doctors who fear criminal prosecution.
The Center for Reproductive Rights, the legal group representing Cox, is also representing a group of women and physicians in a lawsuit before the Texas Supreme Court seeking clarity. The state argues that the law is sufficient. Cox's lawsuit is believed to be one of the first attempts in the country by an individual seeking a court-ordered abortion since the Supreme Court overturned Roe v. Wade last year, according to the New York Times.
Paxton contended that Cox had not proven her symptoms to meet the legal criteria for "life-threatening". The latest submission from his office indicated that Cox had asked about obtaining an abortion only after learning that her child might not survive the pregnancy, or much later, and was already aware that she was at risk of requiring another C-section before her current pregnancy.
On June 23, 2022 in Albuquerque, New Mexico, a family physician and her resident conducted an ultrasound on a 39-year-old woman with four children, the day before the Supreme Court overturned Roe v. Wade. The procedure took place at the Center for Reproductive Health clinic, where the woman later underwent a surgical abortion. New Mexico is expected to see an increase in patients from neighboring states with abortion bans. For security reasons, the doctor wishes to remain anonymous. (Image credit: Gina Ferazzi / Los Angeles Times via Getty Images)
Nearly 20% of individuals seeking an abortion traveled to a different state after the Roe v. Wade ruling, according to analysis. The filing states that the plaintiffs did not provide any evidence linking Ms. Cox's physical condition from the birth of her child to the loss of fertility. It suggests that she will face similar risks in the birth of any future child.
Cox remained in bed for most of the weekend, as her attorney Molly Duane informed CNN's Poppy Harlow on Monday. "Just imagine how you would feel," Duane expressed. "You receive an order allowing your abortion to proceed, and then suddenly a court intervenes, saying they need more time to consider it on a Friday night. Kate has been waiting all weekend for the lifesaving care she needs."
"Patients shouldn't have to go to court and plead for court authorization for life-saving medical treatment. It's unacceptable and the current situation in Texas should incite outrage," she expressed. The attorney general's office, like in the previous case before the state Supreme Court, contended that "a fatal fetal condition does not qualify as a medical exception," and asserted that the exception only applies to the mother's condition.
Paxton's office stated that none of the Dallas-Fort Worth area physicians who have treated Cox have recommended an abortion. Dr. Damla Karsan, a physician based in Houston and a plaintiff in the other case, reviewed Cox's medical records, recommended the abortion, and has agreed to provide the necessary medical care.
The Kentucky State Capitol in Frankfort, Kentucky is pictured on April 7, 2021.
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The state stated in the filing that Karsans recommendation "falls short."
"What Paxton is implying is that Texas physicians should not be allowed to practice medicine," Duane stated. "Ken Paxton is essentially practicing medicine because he wants to review her medical records and make a determination on whether he believes she is sufficiently ill."
She stated, "When people claim that medical exceptions to abortion bans justify the bans and ensure care for those in need, that's a falsehood. It's simply not the case."
In response to why Cox opted to take legal action instead of seeking treatment in another state earlier in the week, Duane said, "For many individuals in need of abortion care, it's not feasible to leave their local communities for urgent medical attention. Boarding a plane during a medical or obstetrical emergency is a violation of human rights in itself."
Duane would not say where Cox would be getting the abortion but said they planned to help get her care "the fastest way" possible.
This is a developing story and will be updated.
