Current:Home > InvestTexas woman asks court for abortion because of pregnancy complications-LoTradeCoin
Texas woman asks court for abortion because of pregnancy complications
View Date:2024-12-23 15:40:17
"Kate Cox needs an abortion, and she needs it now." Thus begins a petition filed in a Texas district court this week, asking a judge to allow the abortion to be performed in the state, where abortion is banned with very limited exceptions.
The petition was filed by the Center for Reproductive Rights, which is the group behind a high profile case heard at the Texas Supreme Court last week.
In that case the group's senior staff attorney Molly Duane argued on behalf of 20 patients and two OB-GYNs that the medical exception in the state's abortion laws is too narrow and vague, and that it endangered patients during complicated pregnancies. An attorney for the state argued the exception is already clear and that the plaintiffs didn't have standing to sue.
On the very day of those arguments, Nov. 28, Kate Cox, a 31-year-old mom of two who lives in the Dallas area, got "devastating" news about her pregnancy, the filing says. At nearly 20-weeks gestation, she learned that her fetus has Trisomy 18 or Edwards Syndrome, a condition with extremely low chances of survival.
So, as the Texas Supreme Court considered whether its abortion laws endangered patients with pregnancy complications in the past, Cox was trying to figure out what to do in her present situation.
"When she Googled what to do and – where can I find help? – news about our case popped up," Duane tells NPR.
Cox had already been in the emergency room three times with cramping and other concerning symptoms, according to court documents. Her doctors told her she was at high risk of developing gestational hypertension and diabetes, and because she had had two prior cesarean sections, carrying the pregnancy to term could compromise her chances of having a third child in the future, the brief says.
Last Thursday, she reached out for the Center for Reproductive Rights. Five days after that, the group filed this petition on her behalf.
A decision could come quickly
The filing asks a Travis County district court judge for a temporary restraining order against the state of Texas and the Texas Medical Board, blocking enforcement of Texas's abortion bans so that Cox can terminate her current pregnancy. It also would block enforcement of the bans for Cox's husband, Justin, and Dr. Damla Karsan, who is prepared to provide the abortion if the court grants their request. Karsan is one of the OB-GYN plaintiffs in the Zurawski v. the State of Texas case.
There are currently three overlapping abortion bans in Texas. Abortion is illegal in the state from the moment pregnancy begins. Texas doctors can legally provide abortions only if a patient is "in danger of death or a serious risk of substantial impairment of a major bodily function, " the law says.
"I don't know what that means," Duane says of the language of the medical exception. "But I think [Cox's] situation must fall within whatever it is that that means."
The timeline of this case may be very quick. "I have to be honest, I've never done this before, and that's because no one's ever done this before," Duane says. "But usually when you ask for a temporary restraining order, the court will act very, very quickly in acknowledgement of the emergency circumstances."
The hearing will be via Zoom on Thursday morning. Judge Maya Guerra Gamble is presiding.
"I am hopeful that the judge will issue an order from the bench," Duane says.
If the judge agrees with Duane and her colleagues, Texas could not appeal the decision directly. "They would have to file what's called a writ of mandamus, saying that the district court acted so far out of its jurisdiction and that there needs to be a reversal," Duane explains. "But filing a petition like that is not does not automatically stay the injunction the way that an appeal of a temporary injunction does."
In the meantime, the justices of the Texas Supreme Court are considering the Zurawski case, with a decision expected in the next few months. "I want them to take their time to write an opinion that gets this right and will protect patients, doctors and their families going forward," Duane says. "But the reality is that in the meantime, people are going to continue to be harmed," and Cox cannot afford to wait for that decision, Duane says.
Duane praises Cox for her bravery in publicly sharing her story while in the midst of a personal medical crisis. "She's exceptional – but I will also say that the pathway to this has been paved by all the other women in our lawsuit," she says. "There is strength in numbers."
The Texas Attorney General's office did not respond to a request for comment. The Texas Alliance for Life did not immediately return a request for comment.
veryGood! (237)
Related
- Tropical Storm Sara threatens to bring flash floods and mudslides to Central America
- RSV is straining some hospitals, and US officials are releasing more shots for newborns
- Capitol Police clash with group protesting violently outside Democratic headquarters during demonstration over Israel-Hamas war
- Pennsylvania expands public records requirements over Penn State, Temple, Lincoln and Pitt
- Jenn Tran's Ex Devin Strader Throws Shade At Her DWTS Partner Sasha Farber Amid Romance Rumors
- China’s Xi is courting Indo-Pacific leaders in a flurry of talks at a summit in San Francisco
- AP PHOTOS: The faces of pastoralists in Senegal, where connection to animals is key
- Dollywood temporarily suspends park entry due to nearby wildfire
- Women suing over Idaho’s abortion ban describe dangerous pregnancies, becoming ‘medical refugees’
- Is your $2 bill worth $2,400 or more? Probably not, but here are some things to check.
Ranking
- Just Eat Takeaway sells Grubhub for $650 million, just 3 years after buying the app for $7.3 billion
- TGL dome slated for new Tiger Woods golf league loses power, collapses
- 90 Day Fiancé’s Darcey Silva Marries Georgi Rusev in Private Ceremony
- DNA testing, genetic investigations lead to identity of teen found dead near Detroit in 1996
- Detroit-area police win appeal over liability in death of woman in custody
- Second arrest made in Halloween weekend shooting in Tampa that killed 2, injured 16 others
- Hunter Biden files motion to subpoena Trump, Bill Barr, other Justice Dept officials
- China’s Xi is courting Indo-Pacific leaders in a flurry of talks at a summit in San Francisco
Recommendation
-
World War II veteran reflects on life as he turns 100
-
Authorities arrest man in death of Jewish protester in California
-
Wisconsin wildlife officials won’t seek charges against bow hunter who killed cougar
-
AP PHOTOS: Beef’s more than a way of life in Texas. It drives the economy and brings people together
-
Exclusive Yankee Candle Sale: 50% Off Holiday Candles for a Limited Time
-
2 environmentalists who were targeted by a hacking network say the public is the real victim
-
Rare Inverted Jenny stamp sold at auction for record-breaking $2 million to NY collector
-
Rory McIlroy has shot land hilariously on woman's lap at World Tour Championship