Texas’ attorney general is trying to block a court-approved abortion
Texas Attorney General Ken Paxton asked the Texas Supreme Court to overturn a lower court order that allowed abortion to proceed despite strict state bans in the case of a pregnant woman whose fetus has a fatal condition.
In a late-night filing on Thursday, Mr. Paxton argued that the court should move quickly to overturn the order and stop the woman, Kate Cox, from having an abortion.
“Every hour it remains in place is an hour that plaintiffs believe they are free to perform and procure an elective abortion,” according to the filings from lawyers at Mr. Paxton’s office. “Nothing can restore the life of the unborn child lost as a result.”
Mr. Paxton’s move is the latest twist in an unusual saga unfolding in Texas over the state’s abortion bans, which are among the strictest in the country, over what is and is not allowed under their medical exemptions.
Although Texas bans allow exceptions to protect a pregnant woman’s health and life, doctors have said vague legal language created fear of prosecution and a reluctance to perform abortions.
The files of Mr. Paxton came hours after Travis County District Court Judge Maya Guerra Gamble issued a temporary restraining order, preventing Mr. Paxton and others were barred from enforcing the state’s overlapping abortion bans against Ms. Cox’s doctor, Damla Karsan, or anyone who helped her. with offering an abortion to Mrs. Cox.
In granting the order, the judge, a Democrat, ruled that Ms. Cox, 31, a mother of two young children who lived in the Dallas area, met the criteria for an exception to the state’s abortion ban. Her fetus was diagnosed with trisomy 18, a fatal condition in all but a few rare cases; Ms Cox, who is 20 weeks pregnant, had been to the emergency room several times during her pregnancy for pain and discharge.
On Friday, lawyers for the Center for Reproductive Rights, which represents Ms. Cox, her husband and Dr. Karsan, filed a response in the state’s highest court.
“The State’s mandamus petition is stunning in its disregard for Ms. Cox’s life, fertility, and the rule of law,” Ms. Cox’s attorneys wrote. “Plaintiffs respectfully request that this Court dismiss the subpoena and direct the Attorney General to comply with binding orders from a Texas court.”
A spokeswoman for the Center for Reproductive Rights said a decision could come later in the day. A ruling would only apply to Ms. Cox and her current pregnancy.
In addition, the Texas Supreme Court also considered a broader lawsuit by women and doctors, including Dr. Karsan, and supported by the Center for Reproductive Rights. That lawsuit, Zurawski v. State of Texas, aims to clarify the medical exemption that would apply across the state. Arguments in that case took place last month.
After the U.S. Supreme Court overturned Roe v. Wade last year, the issue of abortion has become a political liability for Republicans in many states.
But Mr. Paxton, a Republican who was re-elected last year, has enjoyed strong support from social and religious conservatives, who helped him return to office for a third term and defeat a Republican-led impeachment trial. to survive.
“The political winds are at his back right now,” Matt Mackowiak, the head of the Travis County Republican Party, said Friday.
Mr. Paxton has gained national fame among far-right conservative activists and voters for his willingness to take legal action, as well as official opinions and official letters, to advocate for their causes — including supporting the effort to overturn the 2020 presidential election and declaring That certain medical care for transgender youth constitutes “child abuse.”
His appeal to the Texas Supreme Court in Ms. Cox’s case followed his letter to three hospitals in Houston, saying that Dr. Karsan is authorized to admit patients and could perform the abortion, warning them that the judge’s order would not protect them from possible prosecution or civil lawsuits.
Lawyers of Dr. Karsan have stated in legal documents that she believes her patient’s abortion is medically necessary to preserve her health and future fertility.
But in his letter, Mr. Paxton warned that the order would not prevent state officials or private citizens from filing criminal or civil lawsuits against the hospital or others, such as Ms. Cox’s husband, who could help her obtain an abortion.
He reiterated that position in his filings with the Texas Supreme Court.
“Nothing will prevent enforcement of Texas’ civil and criminal penalties once the TRO improperly prohibiting enforcement is lifted,” his office’s filings said. “But enforcing Texas laws will not restore the life of the unborn child lost in the meantime.”
Two of the hospitals targeted by Mr. Paxton in his letter did not respond to a request for comment. A spokeswoman for a third hospital confirmed that Dr. Karsan had admission rights, but said the hospital “was not involved in this case.”
It remained unclear Friday whether Ms. Cox had been able to obtain an abortion or whether Mr. Paxton’s letter and his subsequent legal filings had already put her doctor and others back in the same state of uncertainty and fear of prosecution as then. led to the first lawsuit.
Mr. Paxton’s letter puts Dr. Karsan “in a terrible position,” said Judy Levison, an obstetrician-gynecologist in Houston who has known Dr. Karsan for years. “They gave her a name and so it’s intimidating,” she added. “It’s trying to intimidate someone into not acting.”
In Texas, the attorney general does not have the ability to pursue criminal charges directly and must instead rely on local prosecutors to do so.
No doctors or health care providers have been prosecuted under Texas’ abortion ban, and only a very small number of civil lawsuits have been filed under a 2021 state law, Senate Bill 8, that allowed lawsuits against those who assist with abortions.
In some cases, doctors have resorted to abortion after determining that it was necessary and permitted under the law.
“There are hospitals in Texas similar to this one, where abortions have been performed and hospitals have supported their doctors, and this has not been in the public eye,” said Dr. Levison.
During the first nine months of the year, Texas recorded 34 abortion procedures across the state, according to state health statistics. In 2020, before the first of the strict state restrictions came into effect, there were more than 56,000.