Texas Supreme Court blocks lower court's decision on 20-week abortion

December 10, 2023

 A Texas woman who sued to be allowed to have an abortion at 20 weeks was blocked over the weekend by the Texas Supreme Court. 

According to USA Today, Kate Cox, a Dallas-area mother of two, launched a legal fight to have her pregnancy terminated, arguing that her physician diagnosed the baby with a condition that would ultimately be fatal.

A lower court judge issued a restraining order against Texas AG Ken Paxton (R) and would have allowed Cox to go through with the abortion.

However, Paxton asked the Texas Supreme Court to intervene, and it ultimately did, blocking the lower court's order.

What's happening?

Cox enlisted the legal help of the Center for Reproductive Rights in her fight to receive the abortion procedure, which is strictly banned in Texas with rare medical exceptions. The organization released a statement on the Texas high court's intervention.

"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," the organization said.

USA Today noted:

Cox's fetus has trisomy 18, a deadly genetic condition. The Dallas-area mother has been admitted to emergency rooms four times in the past month — including one visit since the case was filed — after experiencing severe cramping and fluid leaks, attorney Molly Duane told the court Thursday.

In her lawsuit, it argued that it is the woman's physician's “good faith belief and medical recommendation” that Cox can receive an abortion under the current state laws, arguing that Cox's diagnosis falls "within the medical exception to Texas’s abortion bans and laws."

Paxton disagreed with the assessment, arguing that Cox failed to follow proper protocol, citing the lack of a second opinion, among other requirements.

Breitbart noted:

Before the Texas Supreme Court blocked the lower court ruling, Paxton issued a statement saying that the temporary restraining order “will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.”

Social media reacts

Given that abortion laws are one of the most white-hot topics of the day, and especially as the 2024 election nears, social media blew up over recent developments in the legal battle.

Many applauded Paxton and the state's high court for blocking the abortion procedure, while the pro-abortion crowd torched the AG and the Texas Supreme Court for denying it.

It was noted that the final outcome of the legal battle could set a precedent for other cases in the state, and perhaps in other states.

Only time will tell where the case ends up.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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