Texas Supreme Court Halts Emergency Order from Lower Court Judge Allowing Kate Cox to Abort Fetus With Lethal Abnormality

For the first time in at least 50 years, a judge has intervened to allow an adult woman to terminate her pregnancy.

Kate Cox, 31, at 20 weeks pregnant, has learned her fetus has a lethal abnormality that is almost always fatal at birth. After a 45-minute Zoom hearing Thursday, Travis County District Judge Maya Guerra Gamble ruled that Cox should be allowed to terminate the pregnancy, and that Dr. Damla Karsan, a Houston OB-GYN, should be protected from civil and criminal penalties if she performs the procedure. The state cannot directly appeal Thursday’s order, since it is a temporary restraining order. Instead, the Office of the Attorney General would have to file a writ of mandamus petition, asking a higher court to take the extraordinary measure of overturning the emergency order.