In a startling turn of events, Texas Attorney General Ken Paxton has issued a grave warning to doctors participating in the provision of emergency abortions. This ominous declaration came mere hours after a court order permitted a woman, Kate Cox, to undergo an abortion for medical reasons.
Paxton, in a strongly worded letter, asserted that the court order, granted by District Court Judge Maya Guerra Gamble in Austin, did not grant immunity to doctors under all of Texas’s abortion laws. According to Paxton, Kate Cox failed to demonstrate eligibility for the medical exception to the state’s abortion ban.
In a statement accompanying the letter, Paxton emphasized that the court order would not shield hospitals, doctors, or any other parties from potential civil and criminal liability for violating Texas’ stringent abortion laws.
The missive was directed at three hospitals where Dr. Damla Karsan, the physician willing to perform the abortion for Cox, holds admitting privileges.
“Fearmongering has been Ken Paxton’s main tactic in enforcing these abortion bans,” remarked Marc Hearron, senior counsel at the Center for Reproductive Rights, the legal representation for Cox. “He is trying to bulldoze the legal system to ensure that Kate and pregnant women like her continue to suffer.”
Kate Cox, a 31-year-old resident of the Dallas-Fort Worth area, initiated a lawsuit seeking a temporary restraining order to prevent the enforcement of Texas’s near-total abortion ban. She argued that her continued pregnancy posed a threat to her health and future fertility. The court order was granted at a hearing presided over by Judge Guerra Gamble on Thursday morning.
Cox’s lawsuit marks a significant development since the U.S. Supreme Court allowed states to impose abortion bans last year.
The diagnosis of trisomy 18, a genetic abnormality with high risks of miscarriage, stillbirth, or death soon after birth, compelled Cox to seek an abortion. At around 20 weeks pregnant, she faces the prospect of a third Caesarian section, jeopardizing her ability to have more children, a desire shared with her husband.
Judge Guerra Gamble, in Austin, Texas, state court, expressed shock at the possibility of Cox losing her ability to become a parent due to the law.
It is important to note that the judge’s ruling exclusively applies to Cox and does not broaden abortion access more generally.
Molly Duane, Cox’s lawyer from the Center for Reproductive Rights, refrained from providing specific details about Cox’s immediate plans, citing concerns for her and her doctors’ safety during a press call after the hearing. She emphasized the unforgivable nature of Cox having to plead for healthcare in court, noting that such a situation should not be the reality for individuals seeking medical interventions.
Texas’s abortion ban only includes a narrow exception to save the mother’s life or prevent substantial impairment of a major bodily function. Cox’s lawsuit revealed that her doctors believed abortion was medically necessary, yet they were hesitant to perform the procedure without a court order, given the severe penalties involved, including potential life imprisonment and loss of medical licenses.
Johnathan Stone, a lawyer for the state, argued during the hearing that Cox had not sufficiently demonstrated her eligibility for the exception, asserting that a more thorough hearing on evidence would be required rather than a temporary restraining order.
Notably, Cox’s husband, Justin Cox, and Dr. Karsan are also plaintiffs in the case. Dr. Karsan is one of 22 plaintiffs in a separate lawsuit seeking a broader order to protect Texas women’s right to abortions deemed medically necessary by their doctors. The state’s highest court heard arguments in that case last week, but a ruling has not been issued yet.
This situation unfolds against the backdrop of increasing tensions and legal battles surrounding reproductive rights in Texas, leaving many to question the future landscape of healthcare and women’s autonomy in the state.
