It was considered a significant ruling in the US state of Texas: Last Thursday, a court in Austin gave pregnant Kate Cox the right to end her pregnancy despite the strict abortion ban in Texas. The reason for this are expected complications for the mother and the child. But after the ruling, arch-conservative Attorney General Ken Paxton appealed to the state’s highest court. The Texas Supreme Court suspended the permit for demolition for the time being without deciding on the matter itself, according to a court document.
According to doctors, the child of the 31-year-old from Dallas will not survive until birth or will die shortly afterwards, US media reported. Without an abortion, there is also a risk of complications in a future pregnancy and a general health risk for the woman. However, she was denied an abortion due to the extensive abortion ban in Texas, so she went to court and was proven right in the first instance.
The ruling was initially of great importance in Texas because, according to US media, it was the first highly publicized case of a woman who appeared to successfully sue for an emergency abortion since the end of the country’s right to abortion. A year and a half ago, the US Supreme Court overturned the right to abortion in the country, which had been in force since 1973. The states now have sovereignty over legislation – a legal patchwork has emerged.
In the Republican-governed state of Texas, the regulations are particularly strict. Abortion is prohibited in almost all cases – except when the mother’s life is in danger. However, critics argue that the exceptions are formulated so vaguely that doctors often do not perform abortions for fear of lawsuits. Attorney General Paxton has already threatened doctors who may perform abortions. “The injunction does not protect you or anyone else from civil and criminal liability,” he wrote.
Judge: Attitude is more than “cruel and dangerous”
The judge, however, expressed herself clearly when she announced her decision on Thursday. “Now a patient must be on the verge of death before a doctor can invoke the exception. This stance is not only cruel and dangerous, but also violates the Texas Constitution, medical ethics and the law itself,” US officials quoted Media judge Maya Guerra Gamble, a Democrat. The idea that the plaintiff wanted to be a mother again, but that Texas laws could mean she could lose that ability, was “shocking and would be a real miscarriage of justice.”
From the perspective of the mother and her doctors, time is of the essence, but after the intervention of the Texas Supreme Court, there is now more waiting. The court wants to decide on the matter, but it is unclear when that will be the case. “While we continue to hope that the court ultimately denies the state’s motion, and quickly, we fear in this case that justice delayed is justice denied,” Cox’s attorney Molly Duane told the Texas Tribune according to in a statement.
With material from the dpa news agency