Texas Supreme Court Temporarily Blocks Woman's Ability to Terminate Nonviable Pregnancy

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ICARO Media Group
Politics
09/12/2023 21h16

In a late Friday ruling, the Texas Supreme Court has intervened in a legal battle over a woman's right to terminate a nonviable pregnancy. The court's decision comes just hours after Texas Attorney General Ken Paxton requested their intervention to reverse a lower court's ruling in favor of 31-year-old Kate Cox, who had filed a lawsuit to protect her own health.

Cox's lawyers argued that her health and future fertility were at risk due to the nonviable pregnancy, and they cited medical professionals who supported their claims. Under Texas law, strict restrictions on abortion are in place, but exceptions are allowed in cases where the mother's health is in danger.

Attorney General Paxton, however, launched a campaign opposing Cox's legal victory, threatening doctors with legal action if they performed the abortion procedure. Additionally, he reportedly sent a letter to three hospitals believed to be capable of carrying out the procedure.

In a filing with the state's Supreme Court on Friday, Paxton's office emphasized the importance of protecting the fetus' life, even in cases of fatal diagnosis. The office stated, "Each hour it remains in place is an hour that Plaintiffs believe themselves free to perform and procure an elective abortion. Nothing can restore the unborn child's life that will be lost as a result."

Cox's legal team highlighted the fact that, in the unlikely event her fetus survives, the baby would likely suffer a painful death within days of birth. These arguments swayed a judge on Thursday, who issued a temporary restraining order preventing the enforcement of the abortion ban in Cox's case. The judge expressed concern about Cox potentially losing her ability to conceive in the future due to the doomed pregnancy.

The Texas Supreme Court, however, has now issued an administrative stay in the case, freezing the lower court's ruling and placing everything in limbo. They claim this is to allow sufficient time for a thorough review and decision-making.

In a statement, Cox expressed her desire to alleviate the pain and suffering that has accompanied her pregnancy, stating, "It is not a matter of if I will have to say goodbye to my baby, but when. I do not want to put my body through the risks of continuing this pregnancy. I do not want my baby to arrive in this world only to watch her suffer. I need to end my pregnancy now so that I have the best chance for my health and a future pregnancy."

As the Texas Supreme Court deliberates, the fate of Cox's ability to terminate her nonviable pregnancy remains uncertain. Advocates on both sides of the abortion debate await a final decision that could have broader implications in a state known for its strict abortion laws.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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