Attorney General Ken Paxton of Texas has requested that the Texas Supreme Court overturn a lower court order allowing an abortion to proceed despite the state’s strict bans. The case involves a pregnant woman named Kate Cox, whose fetus has a fatal condition. In filings made on Thursday, Paxton argued that the court must act quickly to reverse the order and prevent Cox from obtaining an abortion. Lawyers from Paxton’s office stated, “Each hour it remains in place is an hour that Plaintiffs believe themselves free to perform and procure an elective abortion. Nothing can restore the unborn child’s life that will be lost as a result.”
This move by Paxton adds another twist to an ongoing saga in Texas regarding the state’s abortion bans and the medical exceptions allowed. Although the bans include exceptions to protect the health and life of pregnant women, doctors have expressed concerns about vague legal language that creates fear of prosecution and reluctance to perform abortions.
Paxton’s filings came shortly after judge Maya Guerra Gamble issued a temporary restraining order, preventing Paxton and others from enforcing the state’s abortion bans against Cox’s doctor, Damla Karsan, and anyone assisting in providing an abortion to Cox. The judge determined that Cox met the criteria for an exception to the bans due to her fetus’s fatal condition and her experiencing pain and discharge during her pregnancy.
Lawyers from the Center for Reproductive Rights, representing Cox, her husband, and Dr. Karsan, responded to Paxton’s filing with the state’s highest court. Their response criticized Paxton’s disregard for Cox’s life, fertility, and the rule of law, and requested that the court deny the writ and instruct the Attorney General to comply with the binding orders from a Texas court.
A decision from the court is expected later in the day and will only apply to Cox and her current pregnancy. The Texas Supreme Court is also considering a broader lawsuit regarding the medical exemption for abortions across the state.
Paxton, a Republican, has gained national attention for his conservative activism, including his involvement in efforts to overturn the 2020 presidential election. He warned hospitals in Houston that they could face prosecution or civil lawsuits if they allowed Dr. Karsan to perform the abortion. Paxton reiterated this warning in his filings to the Texas Supreme Court, stating that enforcement of Texas’s laws would not restore the unborn child’s life lost in the interim.
As of now, it remains unclear if Cox has been able to obtain an abortion, and whether Paxton’s actions have created further uncertainty and fear of prosecution for her doctor and others involved in the case. While no doctors or providers have been prosecuted under the abortion bans in Texas, and only a small number of civil lawsuits have been filed, the situation has raised concerns among medical professionals.
Through the first nine months of the year, Texas recorded 34 abortions across the state, significantly fewer than the over 56,000 performed in 2020 before the strict restrictions were implemented.