Texas Attorney General threatens to go after doctors who give emergency abortion to Kate Cox

Texas Attorney General Ken Paxton is threatening to prosecute any doctor or hospital that assists in an emergency abortion recently approved by a state judge since the fetus of the women seeking it would likely be born dead.

On Thursday, Travis County District Judge Maya Guerra Gamble granted Dallas resident Kate Cox, 31, a temporary restraining order allowing her to terminate her pregnancy. Cox learned at 20 weeks pregnant that her fetus has full trisomy 18, a chromosomal abnormality that will most likely be fatal for the child before birth or very soon after, according to details reported by the Texas Tribune.

Even so, Paxton’s office issued a statement shortly after the ruling, telling Houston Methodist Hospital, the Women’s Hospital of Texas and Texas Children’s Hospital in Houston that the restraining order “will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.”

Paxton’s office addressed the letter to those three hospitals because Gamble ruled that Houston-based OB/GYN Dr. Damla Karsan would be allowed to terminate Cox’s pregnancy.

Nearly all forms of abortion have been illegal in Texas since the U.S. Supreme Court overturned Roe. v. Wade in June 2022. Although Texas allows abortions in cases where the mother’s life is at imminent risk, attorneys representing the state unsuccessfully argued that Cox didn’t qualify.

Although Cox’s life is not in immediate danger, her pregnancy does put her at risk of infertility, according to her attorneys. Cox has also been to the ER at least once due to complications in her pregnancy since filing her lawsuit on Tuesday, the Tribune reports.

Paxton and the AG’s office cannot appeal Gamble’s ruling since it’s a temporary restraining order. The AG’s office can, however, file a writ of mandamus petition, asking a higher court to overturn the emergency order, attorneys told the Tribune.

Moreover, despite the temporary restraining order, experts told the Tribune that the order does not completely protect hospitals and doctors from some legal risks.

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This article appears in Nov 29 – Dec 12, 2023.