Texas judge permits Dallas woman to have abortion despite state ban; Texas AG threatens prosecution
AUSTIN, Texas - A Texas judge granted permission for a pregnant woman to obtain an abortion.
Kate Cox, a 31-year-old mother of two from Dallas, sought an abortion after doctors said the fetus had an abnormality and that the pregnancy was not viable.
Kate Cox (Source: Center for Reproductive Rights)
A lawsuit said that continuing the pregnancy would be a risk to Cox's health and future attempts to have a baby.
The attorney general had denied Cox’s petition for a medical exception to the state’s abortion ban, even after a team of physicians and specialists said her life and future fertility are at risk because of a severe pregnancy complication.
State District Judge Maya Guerra Gamble, an elected Democrat, said she would grant a temporary restraining order that would allow Cox to have an abortion under narrow exceptions to the state's ban.
"The idea that Ms. Cox wants so desperately to be a parent and this law may have her lose that ability is shocking and would be a genuine miscarriage of justice," said Judge Gamble from the bench.
Dr. Damla Karsan, from Houston is the doctor in the case.
During an online session, Cox’s attorneys discussed the ruling and her medical dilemma, now 20 weeks into her pregnancy.
"She has gone to weekly ultrasounds for five weeks, she has undergone multiple screening tests, as well as a diagnostic amniocentesis test. Her health has been assessed by those physicians, as well as Dr. Carson," Molly Duane said. "All of those physicians agree that continuing this pregnancy poses a risk to her life and her fertility, and I don’t know what else to say about the state’s position other than it is quite clear the state is second guessing the judgment of her physicians."
Supporters believe the judge’s ruling also protects the doctor and anyone else who helps Cox carry out her abortion.
"The judge today was quite clear that she intends her order to protect Mrs. Cox, as well as Dr. Karson and any staff that is acting to facilitate care for Mrs. Cox," Duane said.
Texas Attorney General Ken Paxton doubled down on the state restrictions, arguing that Texas can enforce laws that pre-date Roe v. Wade and allow private citizens to pursue claims against Cox’s doctor.
The AG's office responded hours after the ruling was handed down.
"The Temporary Restraining Order granted by the Travis County district judge purporting to allow an abortion to proceed will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws," Paxton said in a statement. "While the TRO purports to temporarily enjoin actions brought by the OAG and TMB against Dr. Karsan and her staff, it does not enjoin actions brought by private citizens. Tex. Health & Safety Code § ¬¬171.207. Nor does it prohibit a district or county attorney from enforcing Texas’ pre-Roe abortion laws against Dr. Karsan or anyone else."
"The TRO will expire long before the statute of limitations for violating Texas’ abortion laws expires," the statement concluded.
Paxton also sent a letter to officials at multiple hospitals where Dr. Karsan has privileges to practice.
That leaves unclear whether anything will happen quickly enough to prevent Cox from terminating her pregnancy.
"The first option the state has is to respect the TRO and the court’s decision and allow Kate to get the healthcare she needs. If the state does not do that, there is no immediate right to appeal that the state has, but there are avenues the state could try to seek some emergency relief from the court of appeals or from higher courts than the state of Texas. We don’t know what the states plans are if there are any," attorney Marc Hearron said.
The lawsuit is believed to be the first of its kind in the nation since the U.S. Supreme Court last year overturned Roe v. Wade, according to the Center for Reproductive Rights, which is representing Cox.
Since that landmark ruling, Texas and 12 other states rushed to ban abortion at nearly all stages of pregnancy. Opponents have sought to weaken those bans — including an ongoing Texas challenge over whether the state’s law is too restrictive for women with pregnancy complications — but until now, a woman has not gone to court seeking approval for an immediate abortion.
Although Texas allows exceptions under the ban, doctors and women have argued that the requirements are so vaguely worded that physicians still won’t risk providing abortions, lest they face potential criminal charges or lawsuits.
State officials had asked Gamble to deny the request, alleging that Cox does not meet the requirements for an exception to the ban.
The lawsuit was filed a week after the Texas Supreme Court heard arguments about whether the ban is too restrictive for women with pregnancy complications. That case is among the biggest ongoing challenges to abortion bans in the U.S., although a ruling from the all-Republican court may not come for months.
Cox, who is 20 weeks pregnant, previously had cesarean sections and was told that her baby was at a high risk for a condition known as trisomy 18, which has a very high likelihood of miscarriage or stillbirth and low survival rates, according to the lawsuit.
More than 40 woman have received abortions in Texas since the ban took effect, according to state health figures, none of which have resulted in criminal charges. There were more than 16,000 abortions in Texas in the five months prior to the ban taking effect last year.
"Most women are not able to do what Kate has done—many Texans have been forced to continue pregnancies that put their lives at risk," Duane said. "That is happening every day across Texas. As long as abortion is banned, pregnant people will suffer. As we await the Texas Supreme Court’s ruling in Zurawski v. State of Texas, our hearts go out to the countless people in similar situations who—who for so many reasons—aren't able to sue the state of Texas for an emergency hearing."
The Associated Press' Paul J. Weber contributed to this report.