The Texas Supreme Court on Friday night blocked a lower court judge's decision to allow pregnant women with fatally diagnosed fetuses to obtain abortions, despite the Lone Star State's ban on the procedure. .
The order by the all-Republican state Supreme Court comes after 31-year-old Kate Cox obtained a temporary restraining order from a lower court judge to prevent the state from enforcing the abortion ban in her lawsuit. It was issued more than 30 hours after receiving it.
In a one-page ruling, the court said Thursday's ruling was temporarily put on hold “regardless of the merits of the case.” The order gives the court more time to consider the case.
“We remain hopeful that the court will ultimately deny the state's request and act quickly, but in this case, the trial I am concerned that justice will be denied if it is delayed.” . “We're talking about emergency medical care. Kate is already 20 weeks pregnant. That's why people don't have to seek medical care in court.”
Texas pregnant woman challenges state's abortion ban in lawsuit after fetal death diagnosis
Cox's attorney said he would not disclose his client's abortion plans due to safety concerns. Her lawyer suggested in her filing Friday with the Texas Supreme Court that she is still pregnant.
The Dallas-area mother of two was 20 weeks pregnant this week. She filed a lawsuit seeking recognition of abortion in Texas. This is believed to be the first challenge of its kind to the state's abortion ban since Roe v. Roe. Wade's decision was overturned by the U.S. Supreme Court last year, allowing states to enact their own abortion laws.
The order issued Thursday applied to Cox, but not to other pregnant women in Texas.
Cox said she found out she was pregnant for the third time in August and was told a few weeks later that her baby was at high risk for a condition known as trisomy 18. Trisomy 18 has a high chance of miscarriage or stillbirth, and the survival rate is low. Lawsuit.
A Texas judge has ruled that the state's abortion law is too restrictive for women with pregnancy complications.
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Doctors also said that if the baby's heartbeat stops, induced labor is at risk of uterine rupture due to two previous C-sections, and another C-section at term could affect her ability to have another child. He also told Cox he could be in danger.
Republican Texas Attorney General Ken Paxton asked the state Supreme Court to take action, arguing that Cox did not meet the criteria for a medical exception to the state's abortion ban.
Paxton's office said in court: “If a plaintiff or his/her representative performs and proceeds with an abortion in violation of Texas law, future criminal and civil proceedings will not be able to restore the life lost. ” he said.
Paxton also warned that three Houston hospitals could face legal liability if they allowed Cox's doctors to perform abortions. This was despite Thursday's ruling by state District Judge Maya Guerra Gamble, who Paxton described as an “activist” judge.
The Associated Press contributed to this report.