Dallas Woman Denied Abortion in Texas Leaves State for Treatment

The Dallas-area woman who challenged Texas abortion ban to protect her own health and fertility says she can no longer wait on a court’s final decision and will leave the state to terminate her pregnancy.

Kate Cox’s announcement on Monday came after the state’s Supreme Court on Friday blocked a trial court’s decision to authorize an emergency abortion. The high court has yet to issue a final ruling in the matter. Cox, more than 20 weeks pregnant, says she can’t wait any longer and must go to another state to get an abortion.

“This past week of legal limbo has been hellish for Kate,” Nancy Northup, president and CEO at the Center for Reproductive Rights, which has represented Cox, said in a statement. “Her health is on the line. She’s been in and out of the emergency room and she couldn’t wait any longer.”

Texas’ abortion ban offers an exception to protect the life of the mother, but Cox says the language is vague about how sick she must be. Cox, whose fetus has a lethal condition and won’t survive, said doctors told her that by prolonging the pregnancy she risks damage to her health and future fertility.

Last week, a Democratic judge in Austin issued an order authorizing Cox’s doctor to perform an abortion on her. Within hours, Attorney General Ken Paxton (R) appealed the order to the Supreme Court citing, in part, the need to protect the fetus. Paxton also issued a letter threatening Cox’s doctor and the hospital where the doctor practices with civil and criminal penalties under state law.

The fight is playing out while the Supreme Court considers a broader challenge to the abortion ban from more than 20 women who say they suffered health problems from non-viable pregnancies but were denied an abortion. A Democratic judge ruled in their favor in July, but Paxton’s office says the judge went too far in what it describes as rewriting the law.