Health & Wellness

Texas woman at center of emergency abortion case leaves state for care

KUT 90.5 | By Olivia Aldridge

Published December 11, 2023 at 2:22 PM CST

Kate Cox has left Texas to seek abortion care, according to her attorney.

After the Texas Supreme Court temporarily put a pregnant woman’s efforts to get an emergency abortion on hold, her lawyers said Monday that she had left Texas to get care in another state.

Kate Cox, the lead plaintiff in Cox v. Texas, initially received a temporary restraining order from a Travis County district judge on Dec. 7 allowing her to have the procedure. But Texas Attorney General Ken Paxton petitioned the state’s Supreme Court to reverse Judge Maya Guerra Gamble’s order later that night, saying she had abused her discretion by issuing it. Paxton also penned a letter threatening liability to any hospital or doctor who facilitates an abortion.

The Supreme Court temporarily halted the order late Friday night, but indicated that it would consider the matter before issuing a final ruling.

“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” Cox's attorney Molly Duane said in a statement on Friday, following the Supreme Court’s stay. “We are talking about urgent medical care. Kate is already 20 weeks pregnant.”

Cox’s fetus was diagnosed with trisomy 18, a condition that is almost always fatal. She was warned by doctors that continuing the pregnancy to delivery could have a severe impact on her health and ability to carry future pregnancies.

On Monday, Duane filed a notice with the Texas Supreme Court saying that Cox had left Texas to receive medical care. However, she said they intended to move forward with Cox’s case as the issues included in it are “capable of repetition.”

“This past week of legal limbo has been hellish for Kate,” said Nancy Northup, president and CEO at the Center for Reproductive Rights, in a statement. “Her health is on the line. She’s been in and out of the emergency room and she couldn’t wait any longer. This is why judges and politicians should not be making healthcare decisions for pregnant people—they are not doctors.”