By Eleanor Klibanoff | AUSTIN, Texas – Texas Attorney General Ken Paxton has asked the state Supreme Court to intervene and stop a Dallas woman from having an abortion.
Paxton’s office petitioned the high court just before midnight Thursday, after a Travis County district judge granted a temporary restraining order allowing Kate Cox, 31, to terminate her nonviable pregnancy. Paxton also sent a letter to three hospitals, threatening legal action if they allowed the abortion to be performed at their facility.
On Friday evening, the state Supreme Court temporarily halted the lower court’s order but did not rule on the merits of the case. The court said it would rule on the temporary restraining order, but did not specify when.
“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Cox’s lawyer, Molly Duane, in a Friday evening statement.
This is the first time an actively pregnant adult woman has gone to court to get an abortion since before Roe v. Wade was decided in 1973. A similar case was filed in Kentucky on Friday.
In the petition, Paxton asked the Texas Supreme Court to rule quickly, saying that “each hour [the temporary restraining order] remains in place is an hour that Plaintiffs believe themselves free to perform and procure an elective abortion.”
“Nothing can restore the unborn child’s life that will be lost as a result,” the filing said. “Post hoc enforcement is no substitute, so time is of the essence.”
The Texas Supreme Court is currently also considering a similar case, Zurawski v. Texas, in which 20 women claim they were denied medically necessary abortions for their complicated pregnancies due to the state’s new laws. The state has argued those women do not have standing to sue because, unlike Cox, they are not currently seeking abortions.
In the initial lawsuit, Cox’s attorneys with the Center for Reproductive Rights argued she cannot wait the weeks or months it might take the Texas Supreme Court to rule.
Now, the high court must consider many of the same arguments as those in Zurawski v. Texas, but on a much tighter timeline.
The central question is whether a lethal fetal anomaly qualifies a pregnant patient for an abortion under the narrow medical exception to the state’s near-total abortion ban. Cox’s lawyers argue that continuing this nonviable pregnancy poses a threat to her life and future fertility, thus necessitating an abortion.
Travis County District Judge Maya Guerra Gamble agreed, saying it would be a “miscarriage of justice” to force Cox to continue the pregnancy. The state disagreed, telling the Supreme Court that Guerra Gamble’s ruling “opens the floodgates to pregnant mothers procuring an abortion” beyond the scope of the medical exception.
Separately, Duane sent a letter to Guerra Gamble, asking her to bring Paxton in for a hearing on his letter threatening legal action against hospitals that allow Cox to have an abortion.
“The repeated misrepresentations of the Court’s [order], coupled with explicit threats of criminal and civil enforcement and penalties, serve only to cow the hospitals from providing Ms. Cox with the healthcare that she desperately needs,” Duane wrote. “Plaintiffs respectfully request the Court hold a hearing so Defendant Paxton can explain to Your Honor why he should not be sanctioned.”
Texas Congresswoman Veronica Escobar, on behalf of President Joe Biden’s re-election campaign, condemned Paxton’s comments Friday.
“A Texas woman was just forced to beg for life-saving health care in court and now any doctor who provides her the care she urgently needs is being threatened with punishment including a lifetime prison sentence,” Escobar said in a statement. “This story is shocking, it’s horrifying, and it’s heartbreaking.”
William Melhado contributed to this story.
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Eleanor Klibanoff is the women’s health reporter, based in Austin, where she covers abortion, maternal health care, gender-based violence and LGBTQ issues, among other topics. She started with the Tribune in 2021, and was previously with the Kentucky Center for Investigative Reporting in Louisville, where she reported, produced and hosted the Peabody-nominated podcast, “Dig.”
Eleanor has worked at public radio stations in Kentucky, Pennsylvania and Missouri, as well as NPR, and her work has aired on “All Things Considered,” “Morning Edition” and “Here & Now.” She is conversational in Spanish. Eleanor was born in Philadelphia and raised in Atlanta, and attended The George Washington University in Washington, D.C.
The preceding article was previously published by The Texas Tribune and is republished by permission.
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