Leilah Zahedi-Spung, a maternal-fetal medicine physician in Colorado and a spokesperson for the Society for Maternal-Fetal Medicine, said prolonging a pregnancy “only increases the risks of things like gestational diabetes and preeclampsia, which we know have long-standing effects on the health of people who can have children down the line.”Īccording to her petition, Cox has elevated glucose levels, which put her at high risk for gestational diabetes. “The idea that Miss Cox wants desperately to be a parent and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice,” Gamble said.Ī 2017 study found that trisomy 18 was associated with an increased risk of gestational diabetes, preterm delivery and cesarean section.ĭr. State District Judge Maya Guerra Gamble acknowledged those risks when she granted Cox's requested order Thursday. “Many of Miss Cox’s health risks during this pregnancy will put her life in danger if left untreated, and carrying this pregnancy to term will significantly increase the risks to her future fertility, meaning that she and her husband may not be able to have more children in the future,” Duane said. Kimberly Mutcherson, a professor of law at Rutgers Law School, said that part of what the Texas Supreme Court judges had to consider was whether they wanted “to be in the business of having every single medical exemption case end up” in their hands.ĭuring the lower court hearing Thursday, Duane argued that Cox was at high risk for multiple pregnancy complications, including hypertension, gestational diabetes and infection. Our ruling today does not block a life-saving abortion in this very case if a physician determines that one is needed under the appropriate legal standard, using reasonable medical judgment," it said in its decision. "A pregnant woman does not need a court order to have a life-saving abortion in Texas. The panel of judges that decided on Cox’s case leans conservative. He added that the judge’s order would “expire long before the statute of limitations for violating Texas’ abortion laws.” In the filing Monday, Cox’s attorneys said another reason she chose to leave the state is the attorney general’s “ongoing threats” to enforce Texas’ abortion laws against her.Īfter the lower court’s ruling, Paxton said in statement that the order wouldn’t prohibit private citizens or district or county attorneys from enforcing Texas’ pre-Roe abortion laws against Cox’s doctor or anyone else. Texas Attorney General Ken Paxton and lawyers for the state argued that Cox’s attorneys hadn’t sufficiently demonstrated that her situation qualified for an exception to the state’s abortion laws or that she would suffer “immediate and irreparable injury” without one. It also poses health risks to a pregnant patient. Trisomy 18 is a rare chromosomal disorder likely to cause stillbirth or the death of a baby shortly after it’s born. Each law offers limited exceptions for medical emergencies. Under the second - the state's trigger law, which took effect after Dobbs - it is a felony to perform an abortion from the moment of fertilization. Wade last year, authorizes private citizens to file civil suits against anyone who provides or abets an abortion after about six weeks' gestation. Supreme Court's Dobbs decision struck down Roe v. Texas has two primary laws restricting abortion. "While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence." "She desperately wanted to be able to get care where she lives and recover at home surrounded by family," Northup added. She’s been in and out of the emergency room and she couldn’t wait any longer." In a statement, Nancy Northup, the president and CEO of the Center for Reproductive Rights, said: "This past week of legal limbo has been hellish for Kate. Courtesy The Center for Reproductive Rights Before the Supreme Court issued its ruling, Cox’s lawyers said she intended to proceed with the lawsuit despite seeking an out-of-state abortion.ĭuane said Cox had to seek medical care outside Texas "due to the ongoing deterioration" of her health.
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