Texas woman files lawsuit asking court to allow emergency abortion
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[December 06, 2023]
By Brendan Pierson
(Reuters) - A Texas woman on Tuesday asked a court to allow her to
obtain an abortion despite the state's near-total ban on the procedure,
saying her fetus was likely not viable and her continued pregnancy
threatened her health.
In a first-of-its-kind lawsuit filed in Travis County, Texas District
Court against Texas Attorney General Ken Paxton, Kate Cox, who is 20
weeks pregnant, sought a temporary restraining order allowing a doctor
to perform an abortion without being prosecuted. She urged the court to
rule "expeditiously."
Cox said her fetus had recently been diagnosed with a genetic
abnormality called trisomy 18, which typically does not result in a
viable pregnancy.
Cox's doctors told her that, if born alive, her baby would likely only
survive for days, according to the lawsuit. Cox in the lawsuit said
because she had two previous Caesarian sections, she would need to have
a third one if she continues the pregnancy, which could jeopardize her
ability to have more children, the complaint said.
"Yet because of Texas's abortion bans, Ms. Cox's physicians have
informed her that their 'hands are tied' and she will have to wait until
her baby dies inside her or carry the pregnancy to term, at which point
she will be forced to have a third C-section, only to watch her baby
suffer until death," the lawsuit said.
Texas's abortion ban includes only a narrow exception to save the
mother's life or prevent substantial impairment of a major bodily
function. Cox's lawsuit asks the court to rule that the abortion she
seeks falls under that exception, and that enforcing the ban against her
in these circumstances would violate the state constitution.
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Pro-choice stickers adorn staff desks at Houston Women's
Reproductive Services in Texas, U.S., October 1, 2021.
REUTERS/Evelyn Hockstein/File Photo
Cox's husband, Justin Cox, and Damla
Karsan, an OBGYN who says she would perform the abortion if not for
the ban are also plaintiffs.
Paxton did not immediately respond to a request for comment.
Karsan is also one of 22 plaintiffs in a separate lawsuit seeking a
broader order protecting Texas women's right to abortions their
doctors deem medically necessary, in which the state's highest court
heard arguments last week. The court has not ruled in that case.
(Reporting By Brendan Pierson in New York, Editing by Alexia
Garamfalvi and David Gregorio)
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