On Monday, the Texas Supreme Court revoked the lower court’s ruling to allow a woman named Kate Cox to undergo an abortion under the state’s “medical emergency” exception. This ruling came hours after the Centre for Reproductive Rights, which represents Cox, announced that she had left the state to get health care procedures somewhere else after a tiring week. It has been reported that last week, a state judge ruled that 21 weeks pregnant Cox could terminate her pregnancy. However, the Texas Supreme Court temporarily put that ruling on hold until late Friday. This ruling has launched a debate on whether this decision could discourage other women from seeking a court-authorized abortion.
Who is Kate Cox?
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Kate Cox is a 31 year old mother of two from Dallas-Fort Worth. On December 5, she sued the state of Texas in hopes of getting an abortion. In Texas, abortion has been declared illegal with very few exceptions, such as in cases where the mother’s life is at risk.
It has been stated that Cox’s doctor informed her that her foetus has a fatal genetic condition called trisomy 18. Due to this condition, her pregnancy might not survive until birth, and if it does, her baby would not be alive for long after birth or might even be stillborn.
Cox’s attorney stated that she wanted care in “the fastest way” possible. It was added that for the last month she was also suffering from symptoms like severe cramping, diarrhoea, leaking of fluid, and elevated vital signs. The attorney also said that this pregnancy needed to be a C-section, which Cox feared would jeopardise her health.
Complications surrounding the matter
This Thursday, a state district court judge granted Cox the right to legally have an abortion under the state’s “medical emergency” exception. However, Attorney General Ken Paxton threatened criminal prosecution against doctors or hospitals who would help facilitate this abortion.
Later on Friday night, the high court temporarily blocked Cox from obtaining an abortion, stating it would review the case; however, it has not issued a decision since then.
It has been reported that Paxton has stated that Cox’s symptoms do not meet the “life-threatening” criteria in the law. He has gone on to argue that “a fatal foetal condition does not meet the medical exception,” adding that the exception applies only to the mother’s condition. His office has also said that none of the physicians in the Dallas-Fort Worth area have treated Cox to have recommended this abortion.
Dr.Damla Karsan, who is a Houston-based physician and a plaintiff in another case, is said to have been cited in legal filings as having reviewed Cox’s medical records. She is said to have recommended the abortion and agreed to provide necessary medical care. However, the state did not take into consideration Karsan’s recommendation, stating it was not enough.
Question of ‘Medical Emergency Exception’ in Texas
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The Kate Cox case has brought into light the state’s’medical emergency’ exception in the abortion laws. This exception allows a mother in Texas to have an abortion if she has a “life-threatening” physical condition while pregnant or has “a serious risk of substantial impairment of a major bodily function.” However, critics have argued the law is too vague and scares doctors with the possibility of criminal prosecution. The Centre for Reproductive Rights has been seeking clarity on this whole matter from the court. However, the state has argued that the law is adequate.
After its late Monday ruling and public outrage, the Texas Supreme Court has called on the state’s medical board in order to get guidance on the “medical emergency.” The high court also released a statement saying that doctors, instead of judges, should decide whether to allow an abortion or not. Another case related to the “medical emergency” exception is still pending before the Texas Supreme Court.
Future Possibilities
The state of Texas has a complete ban on abortion, with narrow exceptions. After the Roe vs Wade controversy, nearly 1 in 5 people travelled out of the state to have an abortion. However, Cox’s lawsuit is believed to be one of the first attempts in the country by an individual seeking a court-ordered abortion, which can challenge the abortion laws of Texas.
