12-12-23, 22:13
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#15
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re: US Supreme Court -No Success For Interferring Anti-Abortion Doctors/Activists
CRUEL Texas Supreme Court Rules AGAINST Woman Who Sued to Get Abortion Due to Medical Emergency
A state district judge granted the request last week, but the Texas Supreme Court directed the lower court to vacate its order Monday.
Daily Mail 12 DEC 2023
Kate Cox
A Texas woman whose fetus has a fatal diagnosis and who was awaiting a decision from the Texas Supreme Court about whether she would be allowed to get an abortion said Monday that she has decided to leave Texas to get the procedure.
Kate Cox, a mother of two who is around 20 weeks pregnant, found out just after Thanksgiving that her developing fetus has trisomy 18, a fatal diagnosis. Seeking to terminate the pregnancy to protect her health and future fertility, she and her husband sought a court order to block Texas’ abortion bans from applying in her case.
A state district judge granted the request Thursday, but then the state Supreme Court temporarily paused the lower court’s order Friday. On Monday evening, the Texas Supreme Court directed the lower court to vacate its order.
"A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion," the court wrote in its decision, adding: "The law leaves to physicians — not judges — both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient."
Molly Duane, a senior staff attorney at the Center for Reproductive Rights, which is representing Cox, said the Supreme Court "ruling should enrage every Texan to their core."
"If Kate can’t get an abortion in Texas, who can? Kate’s case is proof that exceptions don’t work, and it’s dangerous to be pregnant in any state with an abortion ban," Duane said.
Before the Supreme Court issued its ruling, Cox’s lawyers said she intended to proceed with the lawsuit despite seeking an out-of-state abortion.
Duane said Cox had to seek medical care outside Texas "due to the ongoing deterioration" of her health.
Nancy Northup, the president and CEO of the Center for Reproductive Rights, said: "This past week of legal limbo has been hellish for Kate. Her health is on the line. She’s been in and out of the emergency room and she couldn’t wait any longer."
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