A Texas judge grants a pregnant woman permission to get an abortion despite the state’s ban

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On Thursday, a judge in Texas authorized a pregnant woman to undergo an abortion, setting a precedent amidst the state’s stringent ban. This ruling is in response to a lawsuit filed by Kate Cox, a 31-year-old mother from the Dallas area, marking the first instance since last year’s pivotal U.S. Supreme Court decision where a woman has sought court permission for an immediate abortion.

The case’s future remains uncertain as Cox awaits the procedure. Judge Maya Guerra Gamble, who presides over the State District Court and is a Democrat, issued a temporary restraining order permitting Cox to proceed with the abortion, which falls under Texas’ limited exceptions to the abortion ban. However, the state is expected to contest this decision, arguing that Cox does not qualify for a medical exemption.

During a brief hearing, Cox’s lawyers informed Judge Gamble that Cox, now 20 weeks into her pregnancy, had recently visited the emergency room for the fourth time. Neither Cox nor her husband, who attended the hearing virtually, made any statements to the court. According to medical advice, Cox faces significant risks due to her previous cesarean sections. Inducing labor if the baby’s heartbeat stops could lead to uterine rupture, and another full-term C-section could jeopardize her future childbearing capabilities.

Judge Gamble expressed alarm at the prospect of Cox losing her ability to bear children due to the law, describing it as a potential miscarriage of justice. Represented by the Center for Reproductive Rights, Cox’s case is seen as groundbreaking since the Roe v. Wade reversal. Following that decision, Texas and 12 other states swiftly implemented nearly total abortion bans, which have been continuously challenged for being excessively restrictive, especially in cases involving pregnancy complications.

Cox, in a piece for The Dallas Morning News, articulated her unwillingness to prolong the distress associated with her pregnancy and the health risks it poses to her physical and mental well-being. She also expressed her desire to spare her baby from potential suffering.

Texas’ abortion ban includes certain exceptions, but they are considered too vague, deterring doctors from performing abortions due to the risk of legal repercussions. The state opposed Cox’s request, claiming she had not proven that her life was in imminent danger, thereby disqualifying her from the exemption.

As the state considers an appeal, Cox’s lawyers stress the urgency of addressing her health risks. The lawsuit, filed just two days before the ruling, highlights that doctors have warned Cox of the high probability of her baby being stillborn or surviving only briefly.

Cox’s pregnancy history includes two cesarean deliveries. She discovered her third pregnancy in August and soon learned of the high risk for trisomy 18 in her baby, a condition linked to high rates of miscarriage or stillbirth and low survival rates.

This lawsuit follows a Texas Supreme Court hearing on whether the state’s ban is excessively restrictive for women with pregnancy complications. Meanwhile, testimony from Texas women about the harrowing experiences of carrying nonviable pregnancies has brought attention to the ban’s rigidity. Although a judge ruled the ban overly restrictive for such cases, the decision was temporarily halted after the state appealed.

Despite the ban, over 40 women in Texas have accessed abortions, with none facing criminal charges. This is in stark contrast to the more than 16,000 abortions performed in the state in the five months preceding the ban’s implementation last year.

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