USALife.info / NEWS / 2023 / 12 / 07 / TEXAS JUDGE GRANTS PREGNANT WOMAN EMERGENCY ABORTION
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Texas Judge Grants Pregnant Woman Emergency Abortion

17:17 07.12.2023

In a landmark case, a Texas state court has authorized an emergency order allowing a pregnant woman to obtain an abortion, defying the state's strict anti-abortion bans. This is the first case of its kind since the Supreme Court overturned Roe v. Wade. The woman, Kate Cox, is seeking a temporary restraining order to allow her to have an abortion due to her baby being diagnosed with full trisomy 18, a condition with a high likelihood of miscarriage or stillbirth and low survival rates. Cox's attorney, Molly Duane, argues that the only options available to her client in Texas, such as induction or a C-section, are dangerous for her future fertility as she has already had two C-sections. Cox and her husband fear that they may not be able to have more children if she doesn't get an abortion.

During the court proceedings, Judge Maya Guerra Gamble became emotional, stating that it would be a "genuine miscarriage of justice" if Cox were to lose her ability to become a parent. Cox wiped away tears of joy when the judge approved the restraining order. The couple already has two children and was hoping to have a third.

Cox's attorney argued that she has medical exceptions to all three state abortion laws at stake and that these laws are unconstitutional as applied to her. The defense, however, claimed that Cox was using a temporary restraining order to achieve a permanent result. They argued that granting such an emergency order would be an improper use of a temporary restraining order and would change the medical exception in Texas.

The victory for Cox comes as another significant lawsuit is playing out in Texas. A state judge temporarily blocked the state's ban on abortions during medically complicated pregnancies after 13 women sued the state for denying them abortions. However, the state immediately appealed, preventing the ruling from going into effect.

After the judge approved the order, Cox's attorney stated that it underscores the importance of abortion as essential healthcare. She criticized the fact that Cox had to go to court to ask for urgent medical care in the middle of a medical emergency. The attorney emphasized that many women are not able to take such legal action and are forced to continue pregnancies that put their lives at risk.

Texas' strict abortion ban has faced numerous challenges since the Supreme Court overturned Roe v. Wade. The ban prohibits abortion at nearly all stages of pregnancy, and opponents argue that its requirements are so vaguely worded that physicians are reluctant to provide abortions due to the potential criminal charges or lawsuits they may face.

Cox's lawsuit, filed against the Texas attorney general's office and the state's medical board, seeks an immediate abortion due to her baby's fatal diagnosis. The case is believed to be the first of its kind since Roe v. Wade was overturned. Cox wrote an editorial expressing her desire to end the pain and suffering of her pregnancy and not subject her baby to a life of suffering.

This case is part of ongoing challenges to abortion bans in the United States. The Texas Supreme Court recently heard arguments about whether the ban is too restrictive for women with pregnancy complications, but a ruling may not come for months. Cox's lawsuit brings attention to the struggles faced by women in Texas who are denied access to abortions in medically complicated pregnancies.

/ Thursday, December 7, 2023, 5:17 PM /

themes:  Texas



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