![]() The argument over subjective versus objective medical reasons for an abortion is central to the ongoing debate and legal fights regarding the state’s exception rule. Johnathan Stone, special counsel with the state attorney general’s office, said Cox’s doctor made a “subjective” belief that Cox qualified for an abortion, rather than basing her medical opinion on “objective” standards outlined in the law. Group of 20 women and 2 physicians fight state in separate lawsuitsĪ lawyer representing Texas argued Thursday that Cox’s pregnancy symptoms did not meet the standard set out by the state for a medical emergency that would allow for an abortion. ![]() The state attorney general warned the hospitals that Thursday’s ruling “will not insulate you, or anyone else, from civil and criminal liability,” including first-degree felony prosecutions and civil penalties of at least $100,000 for each violation.Īnd the ruling, Paxton wrote, does not prevent civil action by private citizens – a reference to Senate Bill 8, the controversial Texas law that allows people to sue those who perform or facilitate an abortion. CNN has reached out to the hospitals for a response. It was released to the media by Paxton’s office. The letter was sent to three hospitals in Houston where, according to the Texas Medical Board, Cox’s physician has privileges. Paxton, in the letter threatening future legal action, wrote that Cox has failed to demonstrate she has a “life-threatening” medical condition related to her pregnancy or that her symptoms place her “at risk of death” or major bodily harm. I don’t think you can expect to see now hundreds of cases being filed on behalf of patients. Marc Hearron, an attorney for the Center for Reproductive Rights, added: “This can’t be the new normal. She called the state’s argument “callous in the extreme,” and said “they don’t care whether people live or die as long as they’re forced to give birth.” Molly Duane, Cox’s attorney, said they are working to figure out “the fastest way to get her abortion care” but will not disclose when for the safety of her client, her family and physician.ĭuane said the fight is far from over, as the ruling only applies to Cox and does not “restore access” to abortion to thousands of other women. “So I will be signing the order and it will be processed and sent out today.”Ĭox and her husband were present for the hearing – which took place over Zoom – and grew emotional at the judge’s decision and could be seen wiping away tears. Cox wants desperately to be a parent, and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice,” Judge Maya Guerra Gamble said. In an emergency hearing Thursday, a judge granted a temporary restraining order against the state that would allow Cox to immediately have an abortion. She has had two prior cesarean surgeries – C-sections – and, the suit said, “continuing the pregnancy puts her at high risk for severe complications threatening her life and future fertility, including uterine rupture and hysterectomy.” Wade last year, according to the New York Times.Ĭox, 31, has been to three different emergency rooms in the last month due to severe cramping and unidentifiable fluid leaks, according to her suit. Cox’s baby was diagnosed with trisomy 18 and is not expected to live more than a few days outside the womb, according to the suit.Īfter the ruling, Texas Attorney General Ken Paxton warned Cox’s physician she could still face civil and criminal penalties at some point should she perform the court-ordered procedure.Ĭox’s lawsuit is believed to be one of the first attempts in the country by an individual seeking a court-ordered abortion since the Supreme Court overturned Roe v. Kate Cox, who is 20 weeks pregnant, filed a lawsuit this week asking a state district court in Austin court to temporarily block the state’s abortion ban, because she has been unable to get the procedure due to concerns of violating the law. The decision marks a significant development in the ongoing debate over the state’s medical exception to its controversial ban on abortions after six weeks – one of the strictest in the nation. A Texas judge ruled Thursday that a pregnant woman who sued the state seeking a court-ordered abortion can legally terminate her pregnancy.
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