
Reproductive rights advocates protest during a pro-choice rally in Texas.
Texas Approves Abortion Only After Woman Sues to Prove Medical Emergency
"Texans deserve to exercise reproductive freedom without fighting legal battles and without legislative interference in their lives," said the American College of Obstetricians and Gynecologists Action.
Reproductive rights groups expressed relief Thursday that one woman in Texas was permitted to get abortion care after a Travis County judge granted a temporary restraining order to circumvent the state's pro-forced pregnancy laws, but said it was "unforgivable that she was forced to go to court" to request urgent medical care.
The Center for Reproductive Rights (CRR) filed a lawsuit against the state last week on behalf of Kate Cox, a Dallas resident, who had just learned at 20 weeks pregnant that her fetus had the fatal diagnosis of trisomy 18, as well as a spinal abnormality and other health issues.
Cox's case is the first in which a pregnant plaintiff has asked a court for an emergency abortion since Roe v. Wade was overturned in 2022.
In court this week, Cox's lawyer, CRR senior staff attorney Molly Duane, told Judge Maya Guerra Gamble that Cox had had to go to the emergency room with cramping and fluid loss in the two days since she filed the lawsuit.
Since learning of the fetal diagnosis last week, Cox has sought emergency medical care four times due to her symptoms but doctors have been unable to provide her with legal abortion care due to the ban that took effect two months after the U.S. Supreme Court overturned Roe v. Wade in 2022.
Before Thursday, Cox's only options under Texas law were to have a Caesarean section after carrying the pregnancy to term—even as her health grew worse—or to have labor induced in the case of the fetal heartbeat stopping.
"Due to Kate's medical history," said CRR, "her OB-GYNs warned her that continuing to carry the pregnancy could jeopardize her health and future fertility."
Advocates including Duane and author Jessica Valenti expressed outrage at the arguments presented by the state—which, noted Slate journalist Mark Joseph Stern, "will likely appeal to try to block Cox's abortion."
Jonathan Stone, the lawyer representing Texas, told Gamble that "the only party that's going to suffer an immediate and irreparable harm in this case if the court enters a TRO [temporary restraining order] is the state," because the government would not be able to make its case in a regular hearing.
"The abortion once performed is permanent and cannot be undone," Stone said. "The plaintiffs are going to obtain permanent relief in this case through this TRO application without any evidence being considered by this court and in full-blown evidentiary hearing."
The state also claimed that Cox was not at a particular risk for life-threatening complications, despite her doctors' advice.
"These arguments are frankly stunning," said Duane. "The state goes as far to characterize her claims as 'a frivolous assertion of harm.'"
Cox's lawyers added that "the harm to Ms. Cox's life, health, and fertility are very much also permanent and cannot be undone."
Cox "should never have had to fight in court for her life, her health, and her future," said U.S. Rep. Katherine Clark (D-Mass.). "This is the result of the GOP war on reproductive freedom. And it must be stopped."
Texas Attorney General Ken Paxton said after Gamble's ruling was announced that while the TRO "purports" to allow an abortion to proceed, it "will not insulate hospitals, doctors, or anyone else from civil and criminal liability for violating Texas' abortion laws."
"Most women are not able to do what Kate has done—many Texans have been forced to continue pregnancies that put their lives at risk," said Duane. "That is happening every day across Texas. As long as abortion is banned, pregnant people will suffer."
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
Reproductive rights groups expressed relief Thursday that one woman in Texas was permitted to get abortion care after a Travis County judge granted a temporary restraining order to circumvent the state's pro-forced pregnancy laws, but said it was "unforgivable that she was forced to go to court" to request urgent medical care.
The Center for Reproductive Rights (CRR) filed a lawsuit against the state last week on behalf of Kate Cox, a Dallas resident, who had just learned at 20 weeks pregnant that her fetus had the fatal diagnosis of trisomy 18, as well as a spinal abnormality and other health issues.
Cox's case is the first in which a pregnant plaintiff has asked a court for an emergency abortion since Roe v. Wade was overturned in 2022.
In court this week, Cox's lawyer, CRR senior staff attorney Molly Duane, told Judge Maya Guerra Gamble that Cox had had to go to the emergency room with cramping and fluid loss in the two days since she filed the lawsuit.
Since learning of the fetal diagnosis last week, Cox has sought emergency medical care four times due to her symptoms but doctors have been unable to provide her with legal abortion care due to the ban that took effect two months after the U.S. Supreme Court overturned Roe v. Wade in 2022.
Before Thursday, Cox's only options under Texas law were to have a Caesarean section after carrying the pregnancy to term—even as her health grew worse—or to have labor induced in the case of the fetal heartbeat stopping.
"Due to Kate's medical history," said CRR, "her OB-GYNs warned her that continuing to carry the pregnancy could jeopardize her health and future fertility."
Advocates including Duane and author Jessica Valenti expressed outrage at the arguments presented by the state—which, noted Slate journalist Mark Joseph Stern, "will likely appeal to try to block Cox's abortion."
Jonathan Stone, the lawyer representing Texas, told Gamble that "the only party that's going to suffer an immediate and irreparable harm in this case if the court enters a TRO [temporary restraining order] is the state," because the government would not be able to make its case in a regular hearing.
"The abortion once performed is permanent and cannot be undone," Stone said. "The plaintiffs are going to obtain permanent relief in this case through this TRO application without any evidence being considered by this court and in full-blown evidentiary hearing."
The state also claimed that Cox was not at a particular risk for life-threatening complications, despite her doctors' advice.
"These arguments are frankly stunning," said Duane. "The state goes as far to characterize her claims as 'a frivolous assertion of harm.'"
Cox's lawyers added that "the harm to Ms. Cox's life, health, and fertility are very much also permanent and cannot be undone."
Cox "should never have had to fight in court for her life, her health, and her future," said U.S. Rep. Katherine Clark (D-Mass.). "This is the result of the GOP war on reproductive freedom. And it must be stopped."
Texas Attorney General Ken Paxton said after Gamble's ruling was announced that while the TRO "purports" to allow an abortion to proceed, it "will not insulate hospitals, doctors, or anyone else from civil and criminal liability for violating Texas' abortion laws."
"Most women are not able to do what Kate has done—many Texans have been forced to continue pregnancies that put their lives at risk," said Duane. "That is happening every day across Texas. As long as abortion is banned, pregnant people will suffer."
- 'I Cried for Joy': Texas Judge Blocks Texas Abortion Ban for Dangerous Pregnancies ›
- Texas Abortion Ban Turned One Woman's Pregnancy Into a 'Dystopian Nightmare' ›
- Texas Woman's Near-Death Experience Is What GOP 'Hopes to See Nationwide' ›
- Texas Supreme Court Blocks Ruling Allowing Woman to Get Abortion ›
- After Court Fight, Kate Cox Flees Texas for Abortion ›
- Complaints of Pregnant Patients Denied Emergency Care Surged After Dobbs | Common Dreams ›
- 'Trump Did This': 100+ Pregnant Women Neglected, Denied ER Care Since 2022 | Common Dreams ›
Reproductive rights groups expressed relief Thursday that one woman in Texas was permitted to get abortion care after a Travis County judge granted a temporary restraining order to circumvent the state's pro-forced pregnancy laws, but said it was "unforgivable that she was forced to go to court" to request urgent medical care.
The Center for Reproductive Rights (CRR) filed a lawsuit against the state last week on behalf of Kate Cox, a Dallas resident, who had just learned at 20 weeks pregnant that her fetus had the fatal diagnosis of trisomy 18, as well as a spinal abnormality and other health issues.
Cox's case is the first in which a pregnant plaintiff has asked a court for an emergency abortion since Roe v. Wade was overturned in 2022.
In court this week, Cox's lawyer, CRR senior staff attorney Molly Duane, told Judge Maya Guerra Gamble that Cox had had to go to the emergency room with cramping and fluid loss in the two days since she filed the lawsuit.
Since learning of the fetal diagnosis last week, Cox has sought emergency medical care four times due to her symptoms but doctors have been unable to provide her with legal abortion care due to the ban that took effect two months after the U.S. Supreme Court overturned Roe v. Wade in 2022.
Before Thursday, Cox's only options under Texas law were to have a Caesarean section after carrying the pregnancy to term—even as her health grew worse—or to have labor induced in the case of the fetal heartbeat stopping.
"Due to Kate's medical history," said CRR, "her OB-GYNs warned her that continuing to carry the pregnancy could jeopardize her health and future fertility."
Advocates including Duane and author Jessica Valenti expressed outrage at the arguments presented by the state—which, noted Slate journalist Mark Joseph Stern, "will likely appeal to try to block Cox's abortion."
Jonathan Stone, the lawyer representing Texas, told Gamble that "the only party that's going to suffer an immediate and irreparable harm in this case if the court enters a TRO [temporary restraining order] is the state," because the government would not be able to make its case in a regular hearing.
"The abortion once performed is permanent and cannot be undone," Stone said. "The plaintiffs are going to obtain permanent relief in this case through this TRO application without any evidence being considered by this court and in full-blown evidentiary hearing."
The state also claimed that Cox was not at a particular risk for life-threatening complications, despite her doctors' advice.
"These arguments are frankly stunning," said Duane. "The state goes as far to characterize her claims as 'a frivolous assertion of harm.'"
Cox's lawyers added that "the harm to Ms. Cox's life, health, and fertility are very much also permanent and cannot be undone."
Cox "should never have had to fight in court for her life, her health, and her future," said U.S. Rep. Katherine Clark (D-Mass.). "This is the result of the GOP war on reproductive freedom. And it must be stopped."
Texas Attorney General Ken Paxton said after Gamble's ruling was announced that while the TRO "purports" to allow an abortion to proceed, it "will not insulate hospitals, doctors, or anyone else from civil and criminal liability for violating Texas' abortion laws."
"Most women are not able to do what Kate has done—many Texans have been forced to continue pregnancies that put their lives at risk," said Duane. "That is happening every day across Texas. As long as abortion is banned, pregnant people will suffer."
- 'I Cried for Joy': Texas Judge Blocks Texas Abortion Ban for Dangerous Pregnancies ›
- Texas Abortion Ban Turned One Woman's Pregnancy Into a 'Dystopian Nightmare' ›
- Texas Woman's Near-Death Experience Is What GOP 'Hopes to See Nationwide' ›
- Texas Supreme Court Blocks Ruling Allowing Woman to Get Abortion ›
- After Court Fight, Kate Cox Flees Texas for Abortion ›
- Complaints of Pregnant Patients Denied Emergency Care Surged After Dobbs | Common Dreams ›
- 'Trump Did This': 100+ Pregnant Women Neglected, Denied ER Care Since 2022 | Common Dreams ›

