Texas Supreme Court Temporarily Blocks Woman from Emergency Abortion, Forces Her to Find Out-of-State Care

Texas Attorney General Ken Paxton filed a petition to reverse a lower-court ruling to allow a Dallas woman, Kate Cox, to receive an emergency abortion

The Texas Supreme Court has temporarily blocked a judge’s decision to allow a woman to receive an emergency abortion.

On Thursday, Texas Attorney General Ken Paxton filed a petition to reverse a lower-court ruling to allow a Dallas woman, Kate Cox, to terminate her pregnancy legally under a 14-day restraining order against the state’s abortion ban.

Abortion is currently banned in Texas after six weeks, which is before most people know they're pregnant. The law does not allow exceptions for women who were impregnated as a result of rape or incest. Under the legislation, private citizens can also sue doctors or abortion clinic workers who perform or help to set up the procedure.

Cox, 31, is 20 weeks pregnant and her fetus has been diagnosed with a deadly genetic condition called trisomy 18 that is putting her own health at risk. Several doctors advised her that “her pregnancy is likely to end in a stillbirth or at best, her baby will live for only minutes, hours, or days,” according to her attorneys' response to Paxton's appeal.

In the petition, Paxton argues that Cox should not be allowed to receive an abortion because she hasn’t proven that her pregnancy has caused a “life-threatening” medical condition that puts her “at risk of death” or major bodily harm.

Paxton asked the court for an emergency stay of the lower court’s ruling and stressed that the temporary restraining order will not protect anyone who helps facilitate an abortion from being prosecuted for violating the state’s abortion laws.

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Molly Duane — attorney at the Center for Reproductive Rights, which is representing Cox — said the temporary block is delaying the urgent medical attention that Cox needs.

“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” she said in a statement.

Following Paxton’s block, the Center for Reproductive Rights announced Monday that Cox will be leaving the state in order to receive abortion services because her “health is on the line.” Cox has been “in and out of the emergency room and she couldn’t wait any longer.”

“After a week of legal whiplash and threats of prosecution from Texas Attorney General Ken Paxton, our client Kate Cox has been forced to flee her home state of Texas to get the time-sensitive abortion care needed to protect her health and future fertility,” Nancy Northup, chief executive for the abortion rights group, said on X, formerly Twitter.

“Kate desperately wanted to be able to get care where she lives and recover at home surrounded by family,” she continued. “While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.”

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