Texas Judge Grants Woman’s Request For Abortion Amid Fetus’s Rare Fatal Condition



The Travis County 459th District Court is seen prior to an emergency hearing in Cox v Texas, in Austin, Texas, on December 7, 2023. Kate Cox, a 31-year-old mother-of-two from Dallas-Fort Worth, sued the state of Texas on December 5, 2023, in order to get an abortion for a pregnancy that she and her doctors say threatens her life and future fertility. Cox learned last week that her fetus has full trisomy 18, a condition that means her pregnancy may not survive until birth and if it does her baby would be stillborn or live for minutes, hours or days, according to the lawsuit. (Photo by SUZANNE CORDEIRO / AFP) (Photo by SUZANNE CORDEIRO/AFP via Getty Images)
The Travis County 459th District Court is seen prior to an emergency hearing in Cox v Texas, in Austin, Texas, on December 7, 2023. Kate Cox, a 31-year-old mother-of-two from Dallas-Fort Worth, sued the state of Texas on December 5, 2023, in order to get an abortion for a pregnancy that she and her doctors say threatens her life and future fertility. Cox learned last week that her fetus has full trisomy 18, a condition that means her pregnancy may not survive until birth and if it does her baby would be stillborn or live for minutes, hours or days, according to the lawsuit. (Photo by SUZANNE CORDEIRO / AFP)

By Katie Smith
5:35 PM – Thursday, December 7, 2023

A Texas judge has granted a woman the ability to get an abortion given her rare pregnancy condition.

On Thursday, Kate Cox’s request for an abortion was granted after showing the court that her fetus has a rare condition that could cause stillbirth or kill the baby shortly after it’s born.

Cox also argued that carrying the fetus would negatively affect her fertility in the future.

This image provided by Kate Cox shows Kate Cox. A Texas judge has given the pregnant woman whose fetus had a fatal diagnosis permission to get an abortion in an unprecedented challenge to the state’s ban that took effect after Roe v. Wade was overturned last year. It was unclear Thursday, Dec. 7, 2023 how quickly or whether Kate Cox, a 31-year-old mother of two from the Dallas area, will be able to obtain an abortion. State District Judge Maya Guerra Gamble says she will grant a temporary restraining order that will allow Cox to have an abortion. (Kate Cox via AP)
This image provided by Kate Cox shows Kate Cox. A Texas judge has given the pregnant woman whose fetus had a fatal diagnosis permission to get an abortion in an unprecedented challenge to the state’s ban that took effect after Roe v. Wade was overturned last year. It was unclear Thursday, Dec. 7, 2023 how quickly or whether Kate Cox, a 31-year-old mother of two from the Dallas area, will be able to obtain an abortion. State District Judge Maya Guerra Gamble says she will grant a temporary restraining order that will allow Cox to have an abortion. (Kate Cox via AP)

Judge Maya Guerra Gamble stated that abiding by Texas’s abortion restrictions would be a “miscarriage of justice.”

“The idea that Ms. Cox wants desperately to be a parent, and this law might actually cause her to lose the ability is shocking and would be a genuine miscarriage of justice,” the judge said. “I will be signing the order and it will be processed and sent out today.”

Cox’s case is reportedly the first attempt to get a court ordered abortion after the United States Supreme Court gave the authority to allow abortions to the states in its landmark Dobbs decision.

 

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