Paxton Challenges Abortion That Judge Approved for Texas Woman

Texas Attorney General Ken Paxton is asking the Texas Supreme Court to urgently strike down a court’s order that allowed a woman to terminate her pregnancy to protect her health and future fertility.

Late Thursday, Paxton’s lawyers petitioned the high court for an emergency stay that would block the order from taking effect. The Supreme Court has yet to rule.

“Each hour it remains in place is an hour that plaintiffs believe themselves free to perform and procure an elective abortion,” Paxton’s lawyers wrote. “Nothing can restore the unborn child’s life that will be lost as a result.”

A Dallas area woman sued the state to get an emergency termination, arguing that her pregnancy wasn’t viable and that her doctors told her the longer she carried the fetus the more likely she’d suffer permanent damage to her health and fertility.

A Democratic judge in Travis County granted a restraining order on Thursday, allowing the woman, Kate Cox, to immediately end the pregnancy. At a press conference later in the day, Cox’s lawyers declined to address her plans for obtaining an abortion.

After the courtroom defeat, Paxton distributed a letter he sent to the hospital where Cox’s doctor practices, threatening civil and criminal consequences if the hospital approved the procedure.

As it awaits a decision in this case, the Supreme Court is also considering a broader challenge to the state’s abortion ban.

More than 20 women and two doctors sued the state, arguing that they suffered physical harm but were denied proper medical care under the state’s abortion ban. A trial court judge sided with the women in July, aiming to clarify what the women argued is vague language in the ban as it applies to exceptions for medical reasons.

Last week, the Supreme Court heard oral arguments in that case, Zurawski v. Texas.

The case is In re State of Texas, Tex., No. 23-0994, 12/8/23.