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.
A possibly disturbing, but very accurate Parody about Ron Desantis’ version of public education. Lyrics and production work by The Freedom Toast – Video design and editing by Cinebot Video. Created for Parody Project Executive Producers for Parody Project Don Caron and Jerry Pender
A race for the Texas Supreme Court has an eight-year incumbent with the backing of the Republican establishment battling John Devine, an anti-abortion activist and frequent political candidate known for his fight to keep the Ten Commandments displayed in his Houston courtroom.
Despite past criticism, Devine has not shrunk from making his anti-abortion ideology a prominent part of his judicial campaign. At a June rally in Fort Worth, he described his convictions as being “forged in the crucibles” of the anti-abortion movement and told the crowd he had been arrested 37 times while protesting abortion clinics.
A campaign video relates a decision to continue a high-risk pregnancy, his wife Nubia’s seventh, which they said was likely to end in the deaths of both mother and child. Nubia Devine survived the birth. Their daughter lived for an hour after she was born.
Read the full article. Devine last appeared him 2017 when he issued a minority opinion against same-sex spousal benefits for Texas residents because marriage is meant for “procreation.” During his above cited 2012 campaign for the Texas Supreme Court, Devine alleged declared that he chose the district he ran in because “I can beat somebody with a Mexican name.” The incumbent was then-Justice David Medina. Devine is up for reelection in 2024.
John Devine, one of the TX Supreme Court judges that issued an order preventing a pregnant woman whose unborn child has a fatal defect from getting an abortion, was arrested several times for blocking abortion clinics. His wife carried a risky pregnancy to term. The child died. pic.twitter.com/l2UsHAkDe5
Like I said yesterday: The Texas Supreme Court wouldn’t have issued the stay if their intent wasn’t to force this poor woman to carry this doomed pregnancy to term, even if it kills her. Controlling and punishing women, including for “failing” to bring a fetus to term, is the entire point.
I’m hoping that this case is, at the very least, on an expedited calendar, as time is truly of the essence. Otherwise, this poor woman has to get the hell out of Tek-Zis to seek the medical care she needs. How fucking deplorable.
That’s what gets me about this: The pregnancy is doomed. The genetic tests are conclusive. This trisomy condition WILL result in a dead baby, guaranteed. On ultrasound, it’s already seen not to have the major organs needed to survive. This woman has already had two previous c-sections, and each subsequent one reduces her chances to have another child successfully—which she says she wants very much. But trying to carry a trisomy fetus to term is itself inherently risky because the fetus can pretty much die at any time or miscarry, risking lethal sepsis infection.
Yet these Rethug motherfuckers don’t care about any of that. They want to inflict unnecessary and potentially lethal harm and suffering on this woman. Why? No reason other to ensure that no woman, girl, or transperson can escape a pregnancy, wanted or unwanted, that might kill them. Put in these terms, the intent is clear.
Why? Yes, I agree. But it’s also a message to ALL women — you are just a vessel for the child, and your life and health, not to mention your needs and wants, are of minimal consequence.
Sweet Jesus I rant through all these arguments TWENTY years ago now in the marriage equality “debates” – these people hold no coherent postions, they just hate gay people and women.
Logic has no place in their debates. Only their feelings matter. Nobody else’s feelings are relevant. Pregnancy not viable? Mother and baby likely to die? So what? It’s was jesus would want.
You identified those I call ‘The Feelers’. They’re the ones who’re most easily swayed by conspiracy theories, loudmouth narcissists, screaming evangelicals, the ‘voice’ of authority’. etc. Whenever they experience fear they ‘know’ that they’re wrong and have to repent, grovel or humiliate themselves publicly.
The Feelers dominate the GQP and they’re extremely dangerous since anything can trigger them… literally. They pull a trigger whenever they get sufficiently riled up.
Hell, how many Christianistas view an unintended pregnancy as a just punishment for sex outside of marriage, insisting the woman carry it full term, and then denigrating the innocent child as “a bastard.”
Elie Mystal was saying during an interview the other day, that if anyone is thinking about sitting out the 2024 election or if they believe that a second Trump presidency won’t be so disastrous, just shout “ABORTION… ABORTION… ABORTION !!” A Trump regime will insure that abortion (at least for the 99%) is an impossibility. As we’ve seen, these insane & unmercifully cruel zealots & misogynists don’t care about women and whether they live or die, as long as their draconian ideology prevails
Florida Education Commissioner Manny Diaz, Jr. (left) likes to troll journalists on Twitter and stage feisty debates over preferred pronouns. Meanwhile, Florida’s SAT scores have dropped once again. The state ranks 45th in America. (Stephen M. Dowell/Orlando Sentinel)
New rankings show Florida students are posting some of the lowest SAT scores in America.
We’re talking 46th place. Down another 17 points overall to 966, according to the combined reading and math scores shared by the College Board.
Florida trails other Southern states like South Carolina and Georgia. We trail states where more students take the test, like Illinois and Indiana.
We somehow now even slightly trail Washington, D.C. — a district long maligned as one of the supposedly worst in America, where all students take the test.
This should be an all-hands-on-deck crisis. Yet what are Florida education officials obsessing over?
Pronouns. And censoring books.
While other states focus on algebra and reading comprehension, Florida’s top education officials are waging wars with teachers about what kind of pronouns they can use and defending policies that have led to books by Ernest Hemingway and Zora Neale Hurston being removed from library shelves. We are reaping what they sow.
But perhaps the most disturbing thing about Florida’s current crop of top education officials isn’t just the misguided policies they’re pushing, it’s the way they behave. Like it’s all a joke. Like Twitter trolls.
They’re calling names, mocking those trying to have serious conversations about education and generally reveling in owning the libs.
A few months ago, Orlando Sentinel education reporter Leslie Postal spent weeks trying to get public records about a newly hired state education employee. Postal just wanted to explain to taxpayers how their money was being spent. But state officials refused to answer questions.
So Postal wrote up the piece, and Florida Education Commissioner Manny Diaz shared the piece on Twitter (now X) with a two-word comment: “Cry more!”
For those of you who don’t speak troll, “Cry more” is a response used by some social-media users — usually those juvenile in age or intellect — to mock someone who is unhappy. The folks at Urban Dictionary, who revel in all things trolly, define “Cry More” as a “phrase used in online games when someone is getting owned, and they b*tch about it.”
The game in question here, mind you, was the Sentinel’s two-month quest to get answers about how the state was spending tax dollars. And the response from the state’s top education official was: “Cry more!” What a role model for students.
That’s just one example. Last week, after I wrote a column about rampant book-censorship in the state — with one district shelving 300 titles — State Board of Education Member Ryan Petty responded (at quarter ’til 1 in the morning): “Just dumb. This passes as journalism.” Followed by a clown emoji.
OK, for argument’s sake, let’s say I’m the dumbest clod to ever set foot in the Sunshine State. Petty still wouldn’t answer any of the direct questions posed in both the column and on Twitter. Specifically, if the goal isn’t widespread book-banning, why won’t his education department provide a definitive list of what books it believes students shouldn’t have access to in school?
Petty opted for emojis over answers, because that’s what trolls do.
A member of the state board of education offers his insightful take on book censorship in Florida schools
If this is all "dumb" – and the goal isn't just to sow chaos – why won't DOE provide a definitive list of what books it believes students shouldn't have access to in school? https://t.co/QDGSYLFukm
The responses on Twitter to Diaz and Petty — both appointees of Gov. Ron DeSantis — were about what you’d expect. One user told Petty: “My ninth grader could have crafted a more articulate response.” Several users responded similarly to Diaz’s “Cry More!” post, questioning his ability to maturely discuss policy and referring back to a Miami Herald investigation into student claims of “inappropriate behavior” by Diaz back when he was a teacher; claims Diaz said were bogus smears.
None of this did a thing to address this state’s education issues. Yet that’s where we are in Florida these days, mired in culture wars and trolling each other.
We also saw something similar last week when Diaz refused to directly answer questions from Orange County Public Schools about whether teachers were allowed to honor the requests of transgender students who wanted to be addressed with different pronouns — if the teachers wanted to and if those students also had their parents’ written permission. (Think about how bizarre it is that schools must even ask that question … in the so-called “parental rights” state.)
In his response to the district, Diaz offered a theatrical and condescending response that referred to “false” pronouns but which school officials concluded didn’t actually answer the question in a straightforward manner. Just more troll games … involving a population of teens more prone to self-harm and suicide, no less.
As far as the SAT goes, the test certainly has its share of legitimate critics. But it’s still one of the best apples-to-apples metrics we have for student learning.
Yet hardly any Florida media organizations even covered the October release of the new SAT scores that showed Florida’s poor showing. Why? Because we’ve been trained to follow the bouncing-ball, culture-war debate of the day.
So we see plenty of coverage about Florida supposedly ranking No. 1 in “educational freedom” by partisan political groups and scant addition to real education issues.
Call me old-fashioned, but I like hard numbers more than political posturing or magazine rankings. So do others who actually care about and study education.
Paul Cottle, a physics professor who authors a blog that focuses on STEM education, noted Florida’s increasingly cruddy SAT scores back in October when they were released — when everyone else was focused on the debate-of-the-day.
Cottle noted that Florida’s math scores for 4th graders were solid but that the SAT scores for graduating seniors were so bad, they suggested something was going awry for students before Florida schools sent them into the real world.
Cottle called the showing “a sad state of affairs.”
He’s right. Yet we’re getting precisely the educational environment and results that our culture-warring politicians are cultivating — an environment where trolls thrive, even if students don’t.
I just posted the Joe My God article on this. Here is the story in more detail. Hugs.
“Fearmongering has been Ken Paxton’s main tactic in enforcing these abortion bans,” Marc Hearron, senior counsel at Center for Reproductive Rights, which represents Cox, said in a statement. “He is trying to bulldoze the legal system to make sure Kate and pregnant women like her continue to suffer.”
Texas Attorney General Ken Paxton on Thursday threatened to prosecute any doctors involved in providing an emergency abortion to a woman, hours after she won a court order allowing her to obtain one for medical necessity.
Paxton said in a letter that the order by District Court Judge Maya Guerra Gamble in Austin did not shield doctors from prosecution under all of Texas’s abortion laws, and that the woman, Kate Cox, had not shown she qualified for the medical exception to the state’s abortion ban.
Paxton said in a statement accompanying the letter that Guerra Gamble’s order “will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas’ abortion laws.”
The letter was sent to three hospitals where Damla Karsan, the doctor who said she would provide the abortion to Cox, has admitting privileges.
“Fearmongering has been Ken Paxton’s main tactic in enforcing these abortion bans,” Marc Hearron, senior counsel at Center for Reproductive Rights, which represents Cox, said in a statement. “He is trying to bulldoze the legal system to make sure Kate and pregnant women like her continue to suffer.”
Cox, 31, of the Dallas-Fort Worth area filed a lawsuit on Tuesday seeking a temporary restraining order preventing Texas from enforcing its near-total ban on abortion in her case, saying her continued pregnancy threatened her health and future fertility. Guerra Gamble said she was granting the order at a hearing Thursday morning.
Cox’s lawyers have said her lawsuit is the first such case since the U.S. Supreme Court last year allowed states to ban abortion.
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.
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
Cox, who is about 20 weeks pregnant, 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.
“The idea that Ms. Cox wants desperately to be a parent, and this law might actually cause her to lose that ability, is shocking and would be a genuine miscarriage of justice,” said Guerra Gamble in Austin, Texas, state court, at Thursday’s hearing.
The judge’s ruling applies only to Cox, and does not expand abortion access more broadly.
Cox’s lawyer, Molly Duane of the Center for Reproductive Rights, told reporters on a call after the hearing that Guerra Gamble’s order allowed Cox to obtain the abortion. She declined to provide any details about Cox’s immediate plans, citing concerns for her and her doctors’ safety.
“I want to emphasize how unforgivable it is that Kate had to beg for healthcare in court,” Duane said. “No one should have to do this and the reality is 99 percent of people cannot.”
The state’s abortion ban includes only a narrow exception to save the mother’s life or prevent substantial impairment of a major bodily function. 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 potential penalties including life in prison and loss of their licenses.
Johnathan Stone, a lawyer for the state, had said at Thursday’s hearing that Cox had not shown she qualified for the exception. He said showing that would require a more through hearing on evidence, rather than a temporary restraining order.
Cox’s husband, Justin Cox, and Dr. Karsan are also plaintiffs in the case.
Karsan is also one of 22 plaintiffs in a separate lawsuit seeking a broader order protecting Texas women’s right to abortions their doctors deem medically necessary, in which the state’s highest court heard arguments last week. The court has not ruled in that case.
Reporting by Brendan Pierson in New York; Editing by Alexia Garamfalvi, Richard Chang and David Gregorio
Scottie's Playtime 