AUSTIN, Texas — A Texas judge on Thursday gave a pregnant woman whose fetus has a fatal diagnosis permission to get an abortion in an unprecedented challenge over bans that more than a dozen states have enacted since Roe v. Wade was overturned.
The lawsuit by Kate Cox, a 31-year-old mother of two from the Dallas area, is believed to be the first time since the landmark U.S. Supreme Court decision last year that a woman has asked a court to approve an abortion. The order only applies to Cox and her attorneys afterward spoke cautiously about any wider impacts, calling it unfeasible that scores of other women seeking abortions would also now to turn to courts.
“This can’t be the new normal,” said Marc Hearron, an attorney for the Center for Reproductive Rights. “I don’t think you can expect to see now hundreds of cases being filed on behalf of patients. It’s just not realistic.”
State District Judge Maya Guerra Gamble, an elected Democrat, granted a temporary restraining order allowing Cox to have an abortion under what are narrow exceptions to Texas’ ban. Her attorneys said they would not disclose what Cox was planning to do next, citing safety concerns.
Republican Texas Attorney General Ken Paxton, whose office argued that Cox does not meet the criteria for a medical exception, issued a statement that did not say whether the state would appeal. But in a letter to three Houston hospitals, Paxton warned that legal consequences were still possible if Cox’s physician provided the abortion.
Cox, who is 20 weeks pregnant, attended the hearing via Zoom along with her husband but did not address the court. Doctors have told Cox that if the baby’s heartbeat were to stop, inducing labor would carry a risk of a uterine rupture because of her prior cesareans sections, and that another C-section at full term would would endanger her ability to carry another child.
“The idea that Ms. Cox wants so desperately to be a parent and this law may have her lose that ability is shocking and would be a genuine miscarriage of justice,” Gamble said.
The Center for Reproductive Rights, which is representing Cox, has said this lawsuit is believed to be the first of its kind since Roe v. Wade was overturned. Since that landmark ruling, Texas and 12 other states rushed to ban abortion at nearly all stages of pregnancy. Opponents have sought to weaken those bans, including an ongoing Texas challenge over whether the state’s law is too restrictive for women with pregnancy complications.
“I do not want to continue the pain and suffering that has plagued this pregnancy or continue to put my body or my mental health through the risks of continuing this pregnancy,” Cox wrote in an editorial published in The Dallas Morning News. “I do not want my baby to arrive in this world only to watch her suffer.”
The temporary restraining order stops Texas from enforcing the state’s ban on Cox and lasts for 14 days. Under the restrictions in Texas, doctors who provide abortions could face criminal charges that carry a punishment of up to life in prison. They could also be fined. Pregnant women cannot be criminally charged for having an abortion in Texas.