The Texas Supreme Court has issued a temporary hold on a lower court’s ruling that would have permitted a pregnant woman, Kate Cox, to undergo an abortion despite the state’s ban on the procedure. The court, consisting entirely of Republican justices, made the decision more than 30 hours after Cox received a temporary restraining order from a lower court judge, effectively preventing the state from enforcing its abortion ban in her case.
The one-page ruling by the state Supreme Court stated that the hold was being placed “without regard to the merits” of Thursday’s ruling, giving the court additional time to consider the case. Cox, who is already 20 weeks pregnant, received support from the Center for Reproductive Rights, with senior staff attorney Molly Duane expressing concerns that delaying justice could result in a denial of urgent medical care. Duane emphasized that healthcare should not be a matter of pleading in a court of law.
Cox’s attorneys have cited safety concerns and have chosen not to disclose their client’s abortion plans. As of Friday, Cox remains pregnant. The Dallas-area mother of two filed a lawsuit this week, seeking approval for an abortion in Texas. This challenge is believed to be the first of its kind since the U.S. Supreme Court overturned Roe v. Wade, allowing states to establish their own abortion laws.
It is important to note that the court’s order specifically applied to Cox’s case and did not extend to other pregnant women in Texas. Cox’s lawsuit stemmed from the discovery that her baby was at high risk for a condition called trisomy 18, which carries a high likelihood of miscarriage or stillbirth and low survival rates.
Cox’s doctors have warned her that inducing labor if the baby’s heartbeat stops could result in a uterine rupture due to her previous cesarean sections. Another cesarean section at full term would also jeopardize her ability to carry future children. Despite these medical concerns, Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban. Paxton called on the state’s Supreme Court to intervene and emphasized the irreversible nature of abortion.
Furthermore, Paxton warned three hospitals in Houston that they could face legal consequences if they allowed Cox’s physician to perform the abortion. Paxton referred to the state District Judge Maya Guerra Gamble, who issued Thursday’s ruling, as an “activist” judge. The case continues to unfold, with further updates expected.
The Texas Supreme Court’s temporary hold on Cox’s abortion highlights the ongoing debate surrounding reproductive rights in the state. As the nation watches, the outcome of this case could have significant implications for future abortion cases in Texas and potentially beyond.
