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Mother, 31, who won the right to an abortion in Texas leaves the state to terminate her unviable pregnancy legally after AG Ken Paxton threatened legal action against doctors who performed the procedure

9 months ago 18
  • Kate Cox, 31, sued Texas and won an exemption to the state's ban in abortion last week 
  • Texas Attorney General Ken Paxton appealed the decision-- stalling case with state supreme court 
  • Dallas mom has been in and out of emergency room since ruling-- forcing her to leave Texas 

By Maryann Martinez, Texas Bureau Chief For Dailymail.Com

Published: 19:50 GMT, 11 December 2023 | Updated: 19:50 GMT, 11 December 2023

The Texas mother who sued and won the right to have an abortion outside of the state ban on the procedure, has left the state after the state stopped her medically necessary abortion from happening last week. 

Kate Cox, a 31-year-old mother-of-two, won the rare challenge to the Lone Star State's abortion ban after her pregnancy was ruled unviable. She argued that she may lose her uterus if her pregnancy continued, and it would prevent her from having a third child in the future.

'After a week of legal whiplash and threats of prosecution from Texas Attorney General Ken Paxton, our client Kate Cox has been forced to flee her home state of Texas to get the time-sensitive abortion care needed to protect her health and future fertility,' the Center for Reproductive Rights confirmed on social media.

It's unclear where Cox will have the abortion.  

Dallas mom Kate Cox, 31, is carrying a baby diagnosed with a chromosomal abnormal`ity that is almost certain to cause death before birth or soon after

UPDATE: After a week of legal whiplash and threats of prosecution from Texas Attorney General Ken Paxton, our client Kate Cox has been forced to flee her home state of Texas to get the time-sensitive abortion care needed to protect her health and future fertility.

— Center for Reproductive Rights (@ReproRights) December 11, 2023

Cox, a married mom from Dallas, decided with her doctor her pregnancy had to be terminated after learning the baby inside of her will die at birth and that carrying the child to term could hurt her chances of future pregnancies. 

Because of an abortion ban in the Lone Star State, Cox asked a judge to grant her a medical exemption to the state law, which does not permit abortions after six weeks-- a period when most women don't even know they are pregnant. 

The judge ruled in Cox's favor last week, but only days later, Attorney General Ken Paxton-- who is the target of multiple criminal investigations himself, challenged the ruling with the state's highest court. 

The state supreme court ruled to block the abortion for now. 

'This past week of legal limbo has been hellish for Kate,' said Nancy Northup of the Center for Reproductive Rights. 

'Her health is on the line. She's been in and out of the emergency room and she couldn't wait any longer. This is why judges and politicians should not be making healthcare decisions for pregnant people.'

It's unclear where Cox has fled to, but her lawyers claim her story shows why abortion bans are so dangerous.

'Kate desperately wanted to be able to get care where she lives and recover at home surrounded by family,' Northup added. 

'While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.'  

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