This blog originally appeared at The Hill.
The Texas Supreme Court has overturned a lower court’s decision that permitted Kate Cox, a pregnant woman facing a diagnosis of a fatal fetal condition, to undergo an abortion.
In a seven-page decision issued on Monday, the Texas Supreme Court deemed the temporary restraining order issued by Travis County District Judge Maya Guerra Gamble last week, which permitted Kate Cox to undergo the abortion, as an error.
Texas state Attorney General Ken Paxton (R) halted Judge Maya Guerra Gamble’s decision regarding Kate Cox’s medical emergency. Paxton appealed to the state Supreme Court, which temporarily suspended the lower court’s ruling on Friday.
According to the court ruling, a woman qualifying for the medical-necessity exception is not required to seek a court order for an abortion. The law stipulates that it is the responsibility of a doctor to determine if a woman is facing a life-threatening condition during pregnancy, warranting an abortion to preserve her life or prevent impairment of a major bodily function.
“The law entrusts physicians, rather than judges, with both the discretion and the responsibility to exercise their reasonable medical judgment based on the unique facts and circumstances of each patient.”
The court additionally determined that Dr. Damla Karsan, Cox’s physician, “sought court approval for the abortion but did not, or at least could not, provide the court with evidence that Ms. Cox’s condition meets the criteria specified by the exception.”
“In its ruling, the court emphasized that these laws represent the legislative policy decision, and the judiciary is obligated to respect and uphold that choice.”
Under state law, a physician conducting an abortion procedure could face a potential life sentence.
At 31 years old, Cox has left the state to undergo an abortion procedure amidst the legal turbulence surrounding her case.
Nancy Northup, the President and CEO of the Center for Reproductive Rights, which has been advocating for Cox, informed The Hill about her client’s departure from the state. Northup highlighted that Cox had visited the emergency room four times during her 20-week pregnancy.
In a statement, Northup expressed, “Kate’s case has demonstrated the perilous nature of abortion bans for individuals carrying pregnancies, revealing the inadequacy of exceptions. She earnestly sought to receive care in her local environment and recuperate at home with family support. While Kate had the option to leave the state, many others do not, and a circumstance like this could be life-threatening.”
A mother of two children, Cox pursued an abortion upon learning that her fetus had been diagnosed with Trisomy 18, a chromosomal anomaly associated with miscarriage, stillbirth, or the infant’s death within hours, days, or weeks after birth.
Continuing the pregnancy to term would have posed a risk to her future fertility, and both she and her husband expressed a desire to expand their family with more children.
Cox’s situation marks the inaugural instance of a pregnant woman seeking a court order for an abortion procedure following the overturning of Roe v. Wade last year. In response to the reversal, Texas and several other Republican-led states have introduced or enforced their own abortion bans and restrictions.
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