In a ruling that appears to be the first in the nation, a Texas judge rules a woman can get an abortion.
Judge Maya Guerra Gamble issued a temporary restraining order Thursday morning.
Kate Cox, of Dallas, filed a lawsuit this week seeking an abortion after learning her pregnancy wasn’t viable. The lawsuit asked courts to allow her to have an abortion since she was told by doctors her baby was likely to be stillborn or live for a week, at most. The lawsuit said doctors told her their “hands are tied” under Texas’ abortion ban.
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State District Judge Guerra Gamble said since Kate and her husband, Justin, have two kids and want another not issuing the ruling “would be a genuine miscarriage of justice.”
The temporary restraining order prevents the state from enforcing its abortion ban against Cox for 14 days.
Cox is seen crying shortly after the ruling. Cox didn’t speak during the roughly 35-minute hearing, but her attorney did afterwards.
“We are relieved by the judge’s ruling this morning,” said Molly Duane with the Center for Reproductive Rights. “Every day of this ordeal has been agonizing for her and today she finally got recognition that she has a right to the healthcare that she needs.”
During the hearing, attorney Jonathan Stone with the Texas Attorney General’s Office argued Cox did not meet the criteria for medical exception.
“Maybe she does qualify for the medical exception, Mrs. Cox, but we don’t know,” Stone said. “The only part that’s going to suffer an immediate and irreputable harm in this case, if the court enters a TRO, is the state. If the court grants the TRO (temporary restraining order), the plaintiffs will obtain an abortion prior to this court holding an evidentiary TI hearing. The abortion once performed is permanent it can’t be undone.”
Under state law, doctors who perform abortions could face a first-degree felony charge and/or be fined $100,000 for each violation. The pregnant woman cannot be charged.
In a letter to executives at Methodist Hospital, Women’s Hospital of Texas, and Texas Childrens Hospital, Attorney General Ken Paton writes the ruling doesn’t ‘insulate’ the doctor or hospitals from criminal or civil liabilities.
“While the TRO purports to temporarily enjoin actions brought by the OAG (Office of Attorney General) and TMB (Texas Medical Board) against Dr. [Damla] Karsan and her staff, it does not enjoin actions brought by private citizens,” the letter reads.
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Josh Blackman, a constitutional law expert and professor at South Texas College of Law Houston, said Paxton makes a point.
“In Texas, we have the fetal heartbeat law which allows private citizens to sue any doctor that performs an abortion after a heartbeat is detected,” Blackman said. “Here we have a heartbeat that’s been detected. There’s also the possibility of enforcing an old criminal law that predates Roe v. Wade that does not have the exception with the health and safety. I think that in all regards this is a risky procedure for the doctors to perform.”
Blackman said he doesn’t think there will be any immediate ramifications of the ruling for others seeking abortions. However, if the Office of Attorney General files an appeal to the Texas Supreme Court – the justices ruling could be far reaching.
“If the state supreme court were to agree with this claim, it would mean that other women who are in similar circumstances may be able to obtain abortions,” he said. “This isn’t about a constitutional right to an abortion. Instead, the issue is does the law have enough exceptions for person’s health and here the woman is afraid if she carries the child to term, she might lose the ability to reproduce in the future. This is not the woman who wants to have an abortion, the child itself has a birth defect and not allowed to survive past birth or shortly thereafter.”
As for Cox, her attorney Molly Duane isn’t disclosing her plans due to safety.
“I want to say that I don’t yet know what happens next,” Duane said. “This order gives her the court permission to get the care that she needs.”
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