Updated, 12/7/23, 2pm:This article has been updated to include a response from Texas Attorney General Ken Paxton and a response to Paxton's statement from the Center for Reproductive Rights.
Within hours of a state judge's order Thursday paving the way for Kate Cox to get an abortion, Texas Attorney General Ken Paxton ordered Houston Methodist Hospital to shut down the hospital, its doctors and other abortion providers. He sent a letter threatening to prosecute anyone who did so with a felony.
The letter warned hospitals to ignore the ruling by what Paxton called an “activist judge.”
“We feel it is important that you understand the potential long-term effects if you allow such abortions at your facility,” Paxton wrote. “… [temporary restraining order] It does not absolve you or any other person from civil and criminal liability for violations of Texas abortion law, including prosecution for a first-degree felony. ”
The letter essentially seeks to close the court's door on Cox, who sought a temporary restraining order to allow her to have an abortion in exchange for carrying her pregnancy to term after being diagnosed with trisomy 18 last week. There is. Doctors told Cox her baby had “no chance of survival” because of the condition, also known as Edwards syndrome, which is caused by duplicated chromosomes that cause multiple structural abnormalities. Kate Cox, who was sitting next to her husband Justin and sharing the same space in the Zoom gallery of the virtual hearing, made a small but visible noise as her judge announced her sentence. He showed signs of emotion.
Mark Harron, senior counsel at the Center for Reproductive Rights, emailed a statement seeking comment. observer“Fear-mongering was Ken Paxton's main tactic in enforcing the abortion ban. Far from respecting the judiciary, he misrepresents court orders. Attack the judge who handed down the sentence as an “activist judge.” He is trying to bulldoze the legal system so that Kate and pregnant women like her can continue to suffer. ”
The lawsuit is believed to be the first of its kind in Texas since the state banned nearly all abortion procedures in 2022 following the Supreme Court's decision to overturn Roe v. Wade. The emergency hearing lasted about 30 minutes, during which Cox's attorney persuaded the judge that her client met the requirements necessary to fall within the state's medical exemption related to abortion.
After learning that the Center for Reproductive Rights had helped resolve the Zulawski v. State of Texas case, Cox asked for the center's help. before the state Supreme Court. The lawsuit, which is awaiting verdict, involves more than 20 Texas women who claim the state's abortion laws have put their health, fertility, and lives at risk. .
“I'm a Texan. Why should I or any other woman drive hundreds of miles or get on a plane to decide my future, to do what I think is best for myself and my family?” ” Cox writes. dallas morning news Wednesday editorial. “I'm trying to do what's best for my baby daughter, myself, and my family, but I'm suffering because of Texas law.”
From today's Cox v. Texas judge's decision: “The idea that Ms. Cox so desperately wanted to become a parent, and that this law could preclude her from doing so, is shocking and represents a genuine miscarriage of justice.” It is.”
— Reproductive Rights Center (@ReproRights) December 7, 2023
At an emergency hearing Thursday, State's Attorney Jonathan Stone said Cox did not meet the strict requirements for a medical exemption simply because her future fertility could be jeopardized, and the request argued that it represented an improper use of a temporary restraining order. Because Cox's abortion will be permanent. Cox's attorney, Molly Duane, responded by saying the state was “moving the goalposts” regarding eligibility for the exception, and felt the state was “not close enough to death” to grant Cox an exception. He said it seems like there are.
The judge stood by his decision to grant a temporary restraining order, allowing Cox, her husband and her doctor to move forward without fear of prosecution.
Judge Maya Guerra Gamble of the 459th District Court said, “Mr. Cox has a strong desire to become a parent, and the idea that this law might actually eliminate that ability is shocking and represents a genuine miscarriage of justice.'' ” he said. “I will sign the order so it will be processed and shipped today.”
