A pregnant woman in Texas, facing a fatal diagnosis for her fetus, has petitioned the court for permission to undergo an abortion, marking what her legal representatives claim to be the first lawsuit of its nature in the United States since the overturning of Roe v. Wade last year.
In Texas, where abortion is prohibited in almost all stages of pregnancy, Kate Cox, 31, is currently 20 weeks pregnant and has been informed by medical professionals that her baby is likely to be stillborn or survive for a maximum of one week, as outlined in the lawsuit filed in Austin. The legal action contends that Texas' abortion restrictions are so stringent and vaguely formulated that doctors are hesitant to perform abortions due to potential criminal repercussions.
According to Molly Duane, Cox's lawyer and an attorney for the Center for Reproductive Rights, no court hearing has been scheduled yet, but one may take place later this week. The Texas Supreme Court recently heard arguments about the restrictiveness of the abortion ban for women facing pregnancy complications, with a ruling expected in the coming months.
Cox, a mother of two, had cesarean deliveries with her previous pregnancies. In August, she discovered she was pregnant for the third time and later learned of the high risk of trisomy 18, a condition associated with a significant likelihood of miscarriage or stillbirth and low survival rates. Doctors informed Cox that inducing labor could pose a risk of uterine rupture due to her prior cesareans, and a cesarean at full term could jeopardize her ability to carry another child.
“It is not a matter of if I will have to say goodbye to my baby, but when. I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer,” Cox stated.
This lawsuit comes after the Texas Supreme Court heard arguments about the abortion ban's restrictiveness for women with pregnancy complications, presenting one of the major ongoing challenges to abortion bans in the U.S. The decision is pending. Duane highlighted the widespread nature of the problem, with many individuals likely experiencing similar situations but unable to file lawsuits.
