The Roberts Court, in 2022, took away women’s right to make health care decisions. [FN1] The Texas GOP jumped to ban abortions except when “the pregnant female” has “life threatening physical condition” or is at risk of death or impairment a major bodily function. [FN2] 1/8
Kate Cox, carrying a fetus w/a condition nearly always fatal, sought & got an order from a Texas court so she could have an abortion. [FN3] She would have had to undergo a 3rd c-section & “jeopardize her having more children.” [FN4] Her doctor “exercising her best medical 2/8
judgment” said abortion was medically recommended course. [F5] Texas AG Ken Paxton, in letters to Houston hospitals, said the order was temporary & wouldn’t protect them from civil or criminal penalties if Cox’s abortion proceeded. Then Paxton appealed. [FN6] 3/8
On 12/11/23, Texas’s Supreme Court said Ms Cox did not meet the exceptions. [FN7] “It is a doctor who must decide” if the woman meets the exceptions. [FN8] Legal distinctions make the court say the doctor should have said “reasonable medical judgment.” [FN9] 4/8
The court congratulates itself for providing clarity in “this sensitive area of Texas law.” [FN 10] The order is moot. Ms Cox went to another State to obtain a legal abortion. This is like the “good old days”! Abortions will be available only to those w/money to travel to places 5/8
where abortions are legal and safe. Rates for crimes of violence will be restored to their pre-1991 levels (when Roe’s effects took hold). The Texas Supreme Court & Indiana Supreme Court are a lot alike: all white & GOP. I cannot sufficiently express my disgust. 6/8
Footnotes: FN1. Dobbs v Jackson Women’s Health Org, dkt 19-1392 (2022). FN2. Texas Health & Safety Code § 170A.002(b)(2). FN3. Goodman, “Texas Supreme Court Rules Against Woman Who Sought Court-Approved Abortion,” NYT, 12/11/23. FN4. Id. FN5. Id. FN6 Id. 7/8
Footnotes: FN7. In re State ex rel Paxton, dkt number 23-0994. FN8 Id., pp. 5-6. FN9. Id., p. 4. FN10. Id., p. 6. 8/8
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