You can bet the state will go after, and try to go after the out of state doctors / facilities that help her. Plus the republican fundamentalist die hard anti-abortions will sue for their mandatory 10,000 dollars regardless of what that would do to the family and her other two children. Plus the way the law is written all court costs and lawyer fees are paid by the person getting sued even if they win, which is the reverse of how all other lawsuits go, the loser normally pays if they start the lawsuit. This is totally about control over a woman, her body, and her sexual life. This treats woman little different from breeding stock. It was done to black women to get more slaves babies. Ask why when the baby can not survive, and it endangers the health, life, and ability of the woman to have more kids, do these people still insist she carry it to birth? Do they think that god will do a miracle and have the baby healed as soon as it is born? Do they think the doctors are lying? That a woman that wants more children is lying to abort one? Hugs. Scottie
Dec 11 (Reuters) – The Texas Supreme Court on Monday overturned a lower court’s ruling that would have allowed a pregnant woman to get an emergency abortion under the medical exception for the state’s near-total abortion ban, granting a petition by Republican Attorney General Ken Paxton.
The unanimous ruling from the Texas Supreme Court came hours after lawyers for the woman, Kate Cox, said in a court filing that she had left the state to obtain the abortion, but nonetheless wanted to pursue the case. Cox has said her fetus had a fatal diagnosis and that her health was at risk if she continued the pregnancy to term, including her ability to have more children in the future.
The high court, whose nine justices are all Republicans, said in its unsigned opinion that a “good faith belief” by Damla Karsan, a doctor who sought to perform the abortion and sued alongside Cox, that the procedure was medically necessary was not enough to qualify for the state’s exception.
Instead, the court said, Karsan would need to determine in her “reasonable medical judgment” that Cox had a “life-threatening condition” and that an abortion was necessary to prevent her death or impairment of a major bodily function.
“A woman who meets the medical-necessity exception need not seek a court order to obtain an abortion,” the court wrote. “The law leaves to physicians – not judges – both the discretion and the responsibility to exercise their reasonable medical judgment, given the unique facts and circumstances of each patient,” the court wrote.
The case is a major test of the scope of the medical exception, an issue that is already before the court in a separate case brought by 22 women who experienced pregnancy complications, though none of those women was seeking an immediate abortion. Monday’s ruling appeared to reject a key argument by the plaintiffs in that case – that doctors’ good-faith belief should be enough to meet the exception.
“This ruling should enrage every Texan to their core,” Molly Duane of the Center for Reproductive Rights, a lawyer for Cox, said in a statement. “If Kate can’t get an abortion in Texas, who can? Kate’s case is proof that exceptions don’t work, and it’s dangerous to be pregnant in any state with an abortion ban.”
Paxton’s office did not immediately respond to a request for comment.
A few abortion rights demonstrators remain in the crowd after hours of public comments and discussion as Denton’s city council meets to vote on a resolution seeking to make enforcing Texas’ trigger law on abortion a low priority for its police force, in Denton, Texas, June 28, 2022. REUTERS/Shelby Tauber/File Photo Acquire Licensing Rights
Cox’s fetus was diagnosed on Nov. 27 with trisomy 18, a genetic abnormality that usually results in miscarriage, stillbirth or death soon after birth.
Paxton had urged the Texas Supreme Court to quickly step in after District Court Judge Maya Guerra Gamble at a hearing in Austin last Thursday issued a temporary restraining order allowing Cox to have an abortion.
In his filing to the top court, Paxton’s office said Cox fell “far short of demonstrating” she met the criteria for a medical exception and warned that Texas courts were not intended to be “revolving doors of permission slips to obtain abortions.”
Cox, 31, of the Dallas-Fort Worth area, filed a lawsuit last Tuesday seeking a temporary restraining order preventing Texas from enforcing its abortion ban in her case.
Cox’s lawyers have said her lawsuit is the first such case since the U.S. Supreme Court last year reversed its landmark 1973 Roe v. Wade ruling, which had guaranteed abortion rights nationwide.
Cox, who was about 20 weeks pregnant when she first sued, said in her lawsuit that she would need to undergo her third Caesarian section if she continues the pregnancy. That could jeopardize her ability to have more children, which she said she and her husband wanted.
Cox said in her lawsuit that although her doctors believed abortion was medically necessary for her, they were unwilling to perform one without a court order in the face of a lack of clarity in how the exception would be interpreted and potential penalties including life in prison and loss of their licenses for violating the state’s abortion laws.
Paxton warned in a letter sent shortly after Gamble issued the order that it did not shield doctors, hospitals or anyone else from prosecution or potential civil liability for violating Texas’ abortion laws. The letter was sent to three hospitals where Karsan has admitting privileges.
Read the full article. As I reported this weekend, one of the Texas justices that voted to block her abortion has been arrested 37 times while protesting outside abortion clinics.
Lawyers for Kate Cox, a Texas woman seeking an abortion due to health risks and a fatal abnormality in her fetus, say she is seeking care out of state after what they describe as "legal whiplash and threats of prosecution." pic.twitter.com/aJEbb8yeid
This is Texas Supreme Court Justice John Devine—a man tasked w/ impartially upholding the law—bragging about breaking the law to harass women at abortion clinics.
He’s one of the justices who just blocked Kate Cox from getting a *legal* abortion.
Bleak: "Kate Cox has been forced to leave Texas to get healthcare outside of the state… Kate is not available for media interviews, and we are not disclosing her whereabouts."https://t.co/VU2tECGKfn
I fully expect the Texas legislature to figure out some law that they can apply to charge the woman for getting the abortion in another state, and use that to throw her in jail, all because she wanted to save her own life! You can bank on it.
Hell, if she doesn’t return to Texas, count on them demanding her return through some sick & twisted legal theory bullshit, amounting to the fugitive slave act of the 19th century.
Missouri tried to claim fetuses as state citizens and claimed their right to protect the lives of their citizenry. It was also their excuse for attempting to block pregnant women (likely to be seeking abortions) from leaving the state.
You know what? If they want to make Ken Paxton the national face of the GOP going into 2024 and make the whole election about abortion rights, then I say let them. Go right ahead, Republicans.
The Texas law that bans abortions after six weeks of pregnancy includes an unusual measure designed to ensure the law is enforced: Residents of the state can sue clinics, doctors, nurses and even people who drive a woman to get the procedure, for at least $10,000.
Yes, those that help. But there are so many rabid MAGAts out there, they will sue the husband, family members, the gas station where they might have filled up, etc. Even if she went alone and the husband stayed home with the kids, he has to defend himself and prove that in court. Even if he is found not guilty, there is no compensation for court costs, lost time from work, etc.
I’m sort of expecting that, but I hope they (texas) just leave her the fuck alone. I doubt they will. That state, like christianity gets off on the pain and suffering they cause.
He’ll attempt to drag her back to Texas in leg irons to face prosecution. He’ll fail, but the attempt will make him a hero to the radical right which will only embolden others to try the same stunts.
GOOD FOR HER !! There is no reason this woman’s life & health should be held hostage by a cruel, misogynist & sadistic gov’t seeking to only use this woman’s agony for their political gain.
Probably several, but it’s not media access that’s the issue. Going public to fight right-wing policies is a dangerous business these days, and if anyone is brave enough to try, the media will happily run with their stories.
Paxton is going to go after this woman, her husband and anyone who helped her after this. There’s no way he’s going to let her “win” by going around all the authority he believes he has in the state.
Yep. In TX we’re going to see just a tiny, insignificant taste of what a Trump presidency will be about 100% of the time if Dems don’t get out that vote.
Not only does he feel it “violates his authority & (faux) morality,” but it serves as a distraction from all of his previous crimes & corruption. He knows this helps to firm up support of the Christofascist right. “Sure, he’s dirty, but he supports our beliefs.”
The point is and always has been CRUELTY Delayed suffering is their objective These are all males who know so fuckung much about child birth MUST control a woman’s body Abortion should be on every states ballot and it, above much else would sink the GOP For this singular reason alone No woman should vote Republican
It’s absolutely disgusting that this woman and her husband are being forced to have what is probably one of (or the) most difficult and personal things they’ll ever deal with play out on the national stage. Fuck the Christofascists.
This shit would end fast if that cell cluster could be reimplanted into a man’s abdomen. Nope buddy, you got to carry it full term, even if it kills you. No backsies, your law, you deal with it.
This is the new normal for women in certain states. Tell me again how republicans should, in any way or any race, be seriously considered for elected office.
It should be an automatic disqualification. Disgusting misogynist Nazi fucks
She better set up house in a new state. Paxton will try to put her and anyone with her in prison for decades. He will probably try to prosecute the doctor and nurses who perform the abortion.
I am an older gay guy in a long-term wonderful relationship. My spouse and I are in our 36th year together. I love politics and news. I enjoy civil discussions and have no taboo subjects. My pronouns are he / him / his and my email is Scottiestoybox@gmail.com
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