After a Travis County district decide cleared the best way for Kate Cox, 31, to terminate her being pregnant, Ken Paxton petitioned the state’s highest court docket to halt the ruling.
This story was initially revealed by The Texas Tribune.
Texas Lawyer Common Ken Paxton has requested the state Supreme Court docket to intervene and cease a Dallas girl from having an abortion.
Paxton’s workplace petitioned the excessive court docket simply earlier than midnight Thursday, after a Travis County district decide granted a short lived restraining order permitting Kate Cox, 31, to terminate her nonviable being pregnant. Paxton additionally despatched a letter to 3 hospitals, threatening authorized motion in the event that they allowed the abortion to be carried out at their facility.
On Friday night, the state Supreme Court docket briefly halted the decrease court docket’s order however didn’t rule on the deserves of the case. The court docket stated it could rule on the non permanent restraining order, however didn’t specify when.
“Whereas we nonetheless hope that the Court docket in the end rejects the state’s request and does so shortly, on this case we worry that justice delayed will probably be justice denied,” stated Cox’s lawyer, Molly Duane, in a Friday night assertion.
That is the primary time an actively pregnant grownup girl has gone to court docket to get an abortion since earlier than Roe v. Wade was determined in 1973. The same case was filed in Kentucky on Friday.
Within the petition, Paxton requested the Texas Supreme Court docket to rule shortly, saying that “every hour [the temporary restraining order] stays in place is an hour that Plaintiffs imagine themselves free to carry out and procure an elective abortion.”
“Nothing can restore the unborn youngster’s life that will probably be misplaced because of this,” the submitting stated. “Put up hoc enforcement is not any substitute, so time is of the essence.”
The Texas Supreme Court docket is at the moment additionally contemplating an identical case, Zurawski v. Texas, during which 20 girls declare they have been denied medically mandatory abortions for his or her sophisticated pregnancies as a result of state’s new legal guidelines. The state has argued these girls would not have standing to sue as a result of, not like Cox, they aren’t at the moment in search of abortions.
Within the preliminary lawsuit, Cox’s attorneys with the Middle for Reproductive Rights argued she can not wait the weeks or months it’d take the Texas Supreme Court docket to rule.
Now, the excessive court docket should take into account most of the identical arguments as these in Zurawski v. Texas, however on a a lot tighter timeline.
The central query is whether or not a deadly fetal anomaly qualifies a pregnant affected person for an abortion underneath the slim medical exception to the state’s near-total abortion ban. Cox’s attorneys argue that persevering with this nonviable being pregnant poses a risk to her life and future fertility, thus necessitating an abortion.
Travis County District Decide Maya Guerra Gamble agreed, saying it could be a “miscarriage of justice” to drive Cox to proceed the being pregnant. The state disagreed, telling the Supreme Court docket that Guerra Gamble’s ruling “opens the floodgates to pregnant moms procuring an abortion” past the scope of the medical exception.
Individually, Duane despatched a letter to Guerra Gamble, asking her to deliver Paxton in for a listening to on his letter threatening authorized motion in opposition to hospitals that enable Cox to have an abortion.
“The repeated misrepresentations of the Court docket’s [order], coupled with specific threats of prison and civil enforcement and penalties, serve solely to cow the hospitals from offering Ms. Cox with the healthcare that she desperately wants,” Duane wrote. “Plaintiffs respectfully request the Court docket maintain a listening to so Defendant Paxton can clarify to Your Honor why he shouldn’t be sanctioned.”
Texas Congresswoman Veronica Escobar, on behalf of President Joe Biden’s re-election marketing campaign, condemned Paxton’s feedback Friday.
“A Texas girl was simply pressured to beg for life-saving healthcare in court docket and now any physician who gives her the care she urgently wants is being threatened with punishment together with a lifetime jail sentence,” Escobar stated in an announcement. “This story is surprising, it’s horrifying, and it’s heartbreaking.”
William Melhado contributed to this story.
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