A woman who had asked a court for an order allowing her to get an abortion under the medical emergency exception to Texas’ near-total ban will leave the state to receive care while the state’s highest court considers her case, her lawyers said in a court filing on Monday. Cox’s fetus was diagnosed on Nov. 27 with trisomy 18, a genetic abnormality that usually results in miscarriage, stillbirth or death soon after birth.
Lawyers for Kate Cox said in a filing with the Texas Supreme Court that she nonetheless wished to continue her lawsuit. A lower court last week issued a restraining order allowing her to obtain an abortion, but the state Supreme Court put it on hold while it considers an appeal by Attorney General Ken Paxton, a Republican.
The attorney general’s office in a filing to the high court had said Cox falls “far short of demonstrating” she meets the criteria for a medical exception and warned that Texas courts were not intended to be “revolving doors of permission slips to obtain abortions.” Cox’s lawyers called Paxton’s petition “stunning in its disregard for Ms. Cox’s life, fertility, and the rule of law,” and had asked the court to instruct the attorney general’s office to comply with Gamble’s order.
In a statement on Monday, Nancy Northup, president and CEO at the Center for Reproductive Rights, said: “This past week of legal limbo has been hellish for Kate. Her health is on the line. She’s been in and out of the emergency room and she couldn’t wait any longer.”
“She desperately wanted to be able to get care where she lives and recover at home surrounded by family,” Northup added. “While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.”
As of Monday afternoon, the timeline for a decision from the Texas Supreme Court was unclear. It could still rule on the district court’s order at any time without requesting a further hearing or additional material from the two sides. Or, it could decide to hold a hearing and bring the parties into court. There is not yet any indication on the court docket as to whether or when that might take place.
