DawgTalkers.net Forums DawgTalk Palus Politicus Texas attorney general threatens doctors with prosecution after court rules woman can get emergency abortion

Kate Cox's fetus was diagnosed with trisomy, a genetic abnormality that often results in death

Texas Attorney General Ken Paxton on Thursday threatened to prosecute any doctors involved in providing an emergency abortion to a woman, hours after she won a court order allowing her to obtain one for medical necessity.

Paxton said in a letter that the order by District Court Judge Maya Guerra Gamble in Austin did not shield doctors from prosecution under all of Texas's abortion laws, and that the woman, Kate Cox, had not shown she qualified for the medical exception to the state's abortion ban.

Paxton said in a statement accompanying the letter that Guerra Gamble's order "will not insulate hospitals, doctors, or anyone else, from civil and criminal liability for violating Texas' abortion laws."

The letter was sent to three hospitals where Damla Karsan, the doctor who said she would provide the abortion to Cox, has admitting privileges.

"Fearmongering has been Ken Paxton's main tactic in enforcing these abortion bans," Marc Hearron, senior counsel at the Center for Reproductive Rights, which represents Cox, said in a statement. "He is trying to bulldoze the legal system to make sure Kate and pregnant women like her continue to suffer."

'It's a hard time'

Cox, 31, of the Dallas-Fort Worth area, filed a lawsuit on Tuesday seeking a temporary restraining order preventing Texas from enforcing its near-total ban on abortion in her case, saying her continued pregnancy threatened her health and future fertility.

"I do not want to continue the pain and suffering that has plagued this pregnancy or continue to put my body or my mental health through the risks of continuing this pregnancy," Cox wrote in an editorial published in The Dallas Morning News. "I do not want my baby to arrive in this world only to watch her suffer."

Guerra Gamble said she was granting the order at a hearing Thursday morning.

Cox's lawyers have said her lawsuit is the first such case since the U.S. Supreme Court last year allowed states to ban abortion.

Cox's fetus was diagnosed on Nov. 27 with trisomy 18, a genetic abnormality that usually results in miscarriage, stillbirth or death soon after birth.

Cox, who is about 20 weeks pregnant, said in her lawsuit that she would need to undergo her third caesarian section if she continues the pregnancy. That could jeopardize her ability to have more children, which she said she and her husband wanted.

"It's a hard time. Even with being hopeful from the decision that came at the hearing this morning, we're going through the loss of a child," she told CNN on Thursday. "There's no outcome here [where] I take home my healthy baby girl."

Doctors wanted protection through the courts

The judge's ruling applies only to Cox, and does not expand abortion access more broadly.

"The idea that Ms. 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," said Guerra Gamble in Austin, Texas, state court at Thursday's hearing.

Cox's lawyer, Molly Duane of the Center for Reproductive Rights, told reporters on a call after the hearing that Guerra Gamble's order allowed Cox to obtain the abortion. She declined to provide any details about Cox's immediate plans, citing concerns for her and her doctors' safety.

"I want to emphasize how unforgivable it is that Kate had to beg for health care in court," Duane said. "No one should have to do this, and the reality is 99 per cent of people cannot."

The state's abortion ban includes only a narrow exception to save the mother's life or prevent substantial impairment of a major bodily function. Cox said in her lawsuit that although her doctors believed abortion was medically necessary for her, they were unwilling to perform one without a court order in the face of potential penalties, including life in prison and loss of their licences.

Johnathan Stone, a lawyer for the state, had said at Thursday's hearing that Cox had not shown she qualified for the exception. He said showing that would require a more through hearing on evidence, rather than a temporary restraining order.

Cox's husband, Justin Cox, and Dr. Karsan are also plaintiffs in the case.

Karsan is also one of 22 plaintiffs in a separate lawsuit seeking a broader order protecting Texas women's right to abortions their doctors deem medically necessary, in which the state's highest court heard arguments last week. The court has not ruled in that case.

https://www.cbc.ca/news/world/texas-court-ruling-abortion-cox-1.7052998

No amount of common sense matters when you put extremists in charge. It seems Paxton thinks he knows more than the doctors and the judge who heard all of the evidence in this case. Murica!

Put those breeders in red capes and get them over to the aunts to train… I’d like to see some woman stand up for her rights and put the claws of a hammer in Paxton’s head. I’m beginning to think this is the only way we’ll rid ourselves of the RED MAGA CURSE.

Thats the problem with putting religious zealots in charge of Government.

Now your wanting woman to bash somebodys head in with a claw hammer...

You want women you don’t know to carry ectopic pregnancies, unviable fetuses, rape babies, and unwanted cell clumps until either the women die or the doctors loose their licenses trying to help them.
I know I know… tHaT’s NoT wHaT yOu MeAnT… when you voted for those that said they’d do exactly that. So don’t act all disturbed by OCD. Look in the mirror for the real monster.

I’m not sure why she hasn’t traveled to a state that allow abortions. Regardless…we’re dancing madly backwards. Murica.

Sadly not everyone has the financial ability to leave the state to see a doctor. Sadly this likely means they also don’t have the financial means to raise a child. But hey, all cell clumps are sacred… until they get born into poverty. Then screw them and their freeloading welfare parents.

I believe in her case that if she has the money to afford an attorney to fight this in court she could afford to leave the state for an abortion. While it's strictly a guess on my part I think she's simply fighting this based on principal for all women in Texas. I am basing that guess on this quote from the article and while it doesn't state that specifically it leads me to believe that.

Texas Supreme Court pauses ruling allowing pregnant woman to have an abortion

The Texas Supreme Court paused a ruling from a lower court allowing a pregnant woman to have an abortion.

On Friday, the court said it was staying a Thursday ruling from a district court that allowed 31-year-old Katie Cox to have an abortion. Cox, who is 20 weeks pregnant, has a fetus that has been diagnosed with full trisomy, which is a condition that results in miscarriage, stillbirth or the death of the infant in the hours, days or weeks following the birth.

“The petition for mandamus and motion for temporary relief remain pending before the Court,” the Texas Supreme Court said in the ruling.

Cox’s doctors have said have said carrying her pregnancy to term will force a cesarean section or induction that would result in serious injury. If labor is induced in Cox’s case, she could face a uterine rupture due to previous C-sections. An additional C-section could also endanger her future fertility.

“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,” Molly Duane, senior staff attorney at the Center for Reproductive Rights, which is representing Cox in the case, said in a press release. “We are talking about urgent medical care. Kate is already 20 weeks pregnant. This is why people should not need to beg for healthcare in a court of law.”

The Lone Star state outlaws every abortion starting at fertilization. It also has a “bounty law,” which rewards private citizens who sue people who have assisted someone in obtaining an abortion.

“Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law,” Texas Attorney General Paxton’s office said to the court, per The AP.

The Hill has reached out to the Texas Attorney General’s office and the Center for Reproductive Rights.

https://thehill.com/regulation/cour...ruling-allowing-pregnant-woman-abortion/

Somehow I knew the extremists would rule the day on this one. Only the ignorant didn't see this kind of thing coming.

Not to mention that a rapist wouldn’t get equal sentence for raping a woman that a doctor or anyone else would get for helping or providing an emergency abortion in Texas.

Liar


Liar



Liar


Liar

You said I was dead to you and that you wouldn't reply to me anymore.

Liar


Liar once again. Geez man can you even tell the truth type the truth, or even think the truth.

OWN YOYR VOTE.
It’s everything we told you it would be.
Now own it.
The tHaTs NoT WhAt I mEaNt excuse is garbage. This is what you voted for. PERIOD.
You can dance around it all you like. You can act like it’s offensive to you. You can try to side step it. BUT YOU CAN’T. ITS YOURS TO OWN.
Enjoy.
I do wish you were dead to me but I find you so offensive and gross it makes my blood boil when you try to worm your way out of responsibility for your vote. Suck it up and OWN IT. This is absolutely what you voted for.

All of those things, while you may not want them, are the consequences of what you voted for.

Oh but that’s not what he meant…. So he’s absolved of the death and pain and suffering his vote is causing. So simple. Just wash your hands of the blood and you never murdered anyone. Cuz ‘that’s not what you meant’ to do when you plunged the knife over and over again.

GM is a good guy. I think he looked at it as the lesser of two evils. He's not stupid enough to have not realized that in many red states that the extremists rule the day. As such these would be the consequences. But I think he simply felt that was the better option than nationwide legal abortion.

I'm not pro abortion per say myself. But I don't feel I have the right to push my beliefs on everyone else. I will not bear the responsibility of supporting their children. I will not force children to be born into poverty. I will not be a part of forcing them to be born to drug addicted parents. I will not be a part of forcing women who are victims of rape or incest to bear those children. I will not force children to be born and put into abusive situations in our foster care system. Because I know for sure there's one thing that won't happen. The zealots who force women to give birth aren't going to do a damn thing about making these children's life any better AFTER they're born. Those who believe otherwise simply have no idea who they're dealing with here.

I agree with owning your vote..but Common man. Not a good look moving forward.

I have my reasons for my disdain and ire. I’ll walk nothing back.

LMFAO own it Everybody and their brother knows I voted for Trump ONE time, and they know why. I did own it. I voted against abortion rather than for it, and I made it as plain on the nose on your face why. So I owned it many times over already.

#1 I don't dance, never have unless I was drunk and I don't drink anymore. I am also not acting.... there is nothing more disgusting to me than a child being abused or killed... which you are 100 percent for. Yet your the one who wishes I were dead...... Just shows your true colors bro Now unlike yourself I wish you no harm. I don't wish you were dead, injured, or sick. As a matter of fact have a nice day Portland.

and while you had your fingers in your ears, and your eyes closed trying to to see or hear I said there were consequences I didn't want no matter which way I voted that year. Now clean the wax out of your ears, wipe the sleep out of your eyes and read what I said.

I've read every word of it. Your responses have evolved over time. Speaking of wiping the sleep out of your eyes, if you had bothered reading my last response in the thread you would have seen that's what I said. That you saw those consequences as the lesser of two evils.

It sounds as though your estrogen level may be a little high this morning.

Just this morning bro lol

Own not just the vote but the death, pain, and suffering it’ll cause. Because that’s the result of your vote. Death. Pain. Suffering.

Yeah, that’s enough piling on GM for one day. He’s well aware of his vote and his single issue conviction.

GM, my only question is if you knew then what they would do with it, would you still vote that way again?

Death, pain, and suffering happens to every baby aborted. Yet your just fine with that. Actually you sound happy about it.

Pile away. I'm just fine OCD



That depends.... are you going to back up your claims about bashing folks in the head with a claw hammer?

Look for the 14 states that don't allow an exception for rape/incest I don't agree with them and would vote to change that if I lived in that state (like I do in Ohio) I would also vote to change any abortion laws that didn't allow them for the health/life of the mother. However if the States did what Oregon did with it's abortion laws

Abortion at any time yep even at 8 or 9 months.
Medicaid covers abortions for any reason.
Qualified health care professionals, not solely physicians, can provide abortions
State fund helps patients pay for abortion care

So your going to get an answer from me I don't think you will like. I don't know... that's the truth and if y'all can't handle the truth that's on you. Did I think the far right would go overboard in some states... I thought it might happen. Did I think the far left may have gone overboard in some states if Hillary won the election... I thought it might happen. So Like I have been screaming about since the first time you read my posts both sides suck and won't compromise at all. If both sides were smart IMO they would have compromised on abortion ( yep neither side would be happy) say something like 8, 10, or 13 weeks with exceptions for rape/incest and for the life and health of the mother.


You asked a honest question and you got my honest answer bro. Now put down the claw hammer

Btw you do remember I didn't vote for Trump the last time he ran right?

Whoa wait a minute. Your vote allowed the SC to overturn WvsR and for states to make their own laws on abortion. Now?

Well Holy hell I didn't know my vote was the deciding factor. Gee If I would have voted for Hillary she would have won then.

Either that's what you voted for or it isn't. You've already stated that it is.

I don't see what that has to do with anything. I've never suggested you should be punished for it. I just found your response to Perfect as being odd. You have stated repeatedly that you voted on that single issue. And that issue was to overturn Roe vs Wade. By doing so it put abortion law in the hands of each state. I understand why you voted that way. I understand that I believe in a woman's right to choose and you feel a state's government should choose for her.

That includes politicians dictating over doctor's when a woman's life is or isn't in danger. That women be forced to give birth in the case of incest and rape. And I understand you feel that's the lesser of the two evils in this situation. Neither of us are alone in what we feel is the correct answer here. But at the same time that also means that you voted for state's such as Oregon to have as liberal of an abortion policy as they so choose.

It's a simple matter of the fact that your vote gave every state the right to choose their own abortion policy. And anyone who can afford to travel and pay for an abortion in a state like Oregon still can. The only people Roe vs Wade is forcing to give birth are the poor who can't afford that option. So those who have the money to travel can still get an abortion any way they see fit. But isn't that the way it always works out?

I just don't think your vote accomplished what you thought it would and accomplished some things you didn't think it would. But hey, you have the right to vote any way you see fit and I for one don't think you or anyone else should be punished for the way you vote. Even when that vote ends up only targeting the poor. I don't understand voting that way but people have every right to.

What in the hell is odd about. Answer me this Pit was my vote the deciding vote? What I have said over and over and over again is that I voted for Trump over Clinton since they both sucked but at least Trump was against abortion, and he was to stupid to lie and get away with it. So you see your wrong bro. Was it one of the two deciding factors yes it was. Was it a "Single issue" nope yet you and others have repeated that many times over around here.


Geez man your wrong again. I believe the government should protect unborn children, not let their own mothers kill them. They need to chose for the children who can't defend themselves instead of letting the mothers kill their babies out of choice, hell you wouldn't sit back while mothers killed their babies after they were born but your OK with letting them kill them before they were born. A mother killing her unborn child just because it's more convenient will never be OK with me.


Now bro you know I am also against the far right for not allowing exceptions for rape/incest and for the life/health of the mother. I don't feel like it is the lessor of two evils, I think there is less evil done[as long as there are less mothers being forced to give birth to a rape baby or have had their health hurt by being forced to give birth than the 930,000 abortions preformed in 2020 by the Guttmacher Institute. but like I have been saying all along both sides suck IMO because their is evil in both.


Now that I can agree with.

I'll boil this down to its simplest terms.

Overturning roe vs wade did not stop abortions. It did not stop late term abortions. It only stopped poor people form having the opportunity to have them. At the same time it allowed those who can not afford to travel from having those choices. ONLY poor people. And those same poor people are now subject to being forced to risk their own life to give birth. They are forced to give birth in the case of incest and rape.

That's the way most of us knew this would all play out. That's why many of us, even when we don't "support abortion", understood the total consequences this would have. And while I understand that's not what "you would like to have happened" it was easy to see that would be the end result. The thought process that overturning Roe would stop abortion was nothing but a pipe dream and many women in America are being punished as a result.

In the end, that's what you voted for.

Texas woman who sued for abortion now leaving state for care

Kate Cox asked for an abortion to preserve her fertility.

The Texas woman who filed a lawsuit last week asking for an emergency abortion is now leaving the state to get care, according to the Center for Reproductive Rights, which is representing the woman.

After a judge in Travis County District Court allowed her to get an abortion Thursday, the Texas Supreme Court put that decision on hold Friday.

The woman, Kate Cox, 31, had filed a lawsuit against the state over its restrictive abortion bans, asking a judge to grant her a temporary restraining order that would allow her to get an abortion.

Texas Attorney General Ken Paxton asked the high court to reverse Travis County District Court Judge Maya Guerra Gamble's decision granting Cox's request for an abortion for a pregnancy with a severe fetal anomaly.

In a decision late Friday, the state's Supreme Court temporarily put the lower court's decision on hold, saying it needed more time to consider the case, according to court documents.

The Texas Supreme Court, which is comprised of all Republicans, has yet to make a final ruling.

"This past week of legal limbo has been hellish for Kate," Nancy Northup, president and CEO for the CRR, said in a statement Monday. "Her health is on the line. She's been in and out of the emergency room and she couldn't wait any longer...Kate's case has shown the world that abortion bans are dangerous for pregnant people, and exceptions don't work. She desperately wanted to be able to get care where she lives and recover at home surrounded by family. While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence."

Cox's representatives asked that the Texas Supreme Court still issue a ruling, even though she is getting an abortion out of state.

"Because the issues in this case are capable of repetition yet evading review, the Plaintiffs nonetheless intend to proceed with their case," Molly Duane, Cox's lawyer from the CRR, said in a letter to clerk of the Texas Supreme Court on Monday.

Cox has received offers to help her access abortion in other states, such as Colorado, and other countries, including Canada, according to the CRR. It has not been disclosed where she is receiving abortion care.

In Cox's original lawsuit, she said her baby received a diagnosis of full trisomy 18, which is a condition with a very high likelihood of miscarriage or stillbirth and low survival rates.

According to Marc Hearron, senior counsel at CRR, Cox has been told by physicians that they can provide her with an induction of labor if the baby's heart stops beating. Cox -- already a mother of a 3-year-old and a 1-year-old -- has had two cesarean deliveries, and was told that an "induction carries serious risk of uterine rupture," according to the lawsuit.

"I do not want to put my body through the risks of continuing this pregnancy. I do not want to continue until my baby dies in my belly or I have to deliver a stillborn baby or one where life will be measured in hours or days, full of medical tubes and machinery," Cox said in the lawsuit.

"Trisomy 18 babies that survive birth often suffer cardiac or respiratory failure. I do not want my baby to arrive in this world only to watch her suffer a heart attack of suffocation. I desperately want the change to try for another baby and want to access the medical care now that gives me the best chance at another baby," Cox said in the lawsuit.

The CRR also alleged that Cox's health is at risk and that she "risks debilitating health complications" if she continues her pregnancy, including potential loss of fertility.

Texas has multiple abortion bans in place and is one of 16 states that has ceased nearly all abortion services since the U.S. Supreme Court issued a decision overturning Roe v. Wade, ending federal protections for abortion rights, according to an ABC News tally.

Texas' bans include exceptions that allow abortions in cases of medical emergencies and fatal fetal diagnoses, but doctors and patients claim, in another lawsuit filed in March, that they are unable to provide care or have been denied care, respectively, under the laws. Under Texas' bans, it is a second-degree felony to perform or attempt an abortion, punishable by up to life in prison and a fine of up to $10,000. The law also allows private citizens to sue anyone who "aids or abets" an abortion.

Plaintiffs allege that the laws are confusing and do not define the exception to bans -- which allow abortions to save the life of the mother or preserve bodily function -- and wager significant penalties against doctors, up to life in prison.

In a new court filing Sunday, Attorney General Paxton told the state’s high court that fertility risks don’t qualify as a life-threatening condition that would allow a patient to get an abortion under Texas laws. His office argued that a fatal fetal abnormality also wouldn't qualify.

https://abcnews.go.com/US/texas-woman-sued-abortion-now-leaving-state-care/story?id=105558777

Now we will have to wait and see what the consequences are that follow. You see, Texas has laws against anyone who facilitates an abortion. So if her husband drove her to the airport he may be prosecuted. What if they have a joint bank account? Could he be charged and accused of helping finance the abortion? Some towns have gone so far to make it a crime to drive on their streets while traveling to obtain an abortion.

Texas counties ban traveling to obtain abortion care

https://www.kxan.com/news/texas-politics/texas-counties-ban-traveling-to-obtain-abortion-care/

Just how far will these crazies go to exact their pound of flesh from this woman for defying their will by leaving the state to get a medically needed abortion?

I guess it’s God’s will she die. She should have thought about that before she got pregnant. Stupid woman.

GM, you are one of the most enlightened people I know. And I don't blame you for one second wanting to save the unborn. But, this goes beyond what any reasonable person (not seeking political office in Texas) can accept. And I know you understand that.

These individual in Texas have basically said, we're more informed and better suited to make medical decisions than Doctors.. These idiots in texas that voted for Paxton and the rest of them should probably seek surgery from a politician next time they have an ailment.

The error by many on the right that want to stop abortion is that they take it too far. They want to be GOD and want their way no matter who it hurts. And They prove it every day in every way.

That's not you.....you are one of the good guys.

Yeah sorry, I left out the word “helped”.

I think the Texas laws are ignorant, and go way overboard. You won't see me ever claiming that I am for the way they are doing things in Texas or that I agree with them at all.

You helped give them the power to do this.

and I agree with you, like I always say both sides suck, I use to catch hell from the far right people that I was against republicans because I don't agree with them. Now I catch hell from those on the far left for the same reason. You have known me for a long while bro. I have not changed one bit over the years (except to get better looking) I catch hell from both sides just shows just how much those on the far left are just like like those on the far right, and that those on the far right are just like the far left. I think neither side can really stand their own selves lol