Kate Cox was the perfect patient to suit the Texas exception for the health of the mother. The circumstances could not have aligned better to test the merits of the law that, it was argued, didn’t ban all abortion, but allowed for medical intervention when the mother’s life or health was at risk. And despite her desire to have a child, her non-viable pregnancy was doomed, removing any cries of murder.
But her doctor had a point. This was Cox’s medical reality, but Texas Attorney General Ken Paxton, no stranger to indictment himself, was of the view that he, and not those damn doctors, got to decide whether aborting Cox’s pregnancy was a crime. Even a judge ruling in her favor wasn’t enough to stay Paxton from control, and so he appealed and obtained an injunction from the Texas Supreme Court, which was apparently unaware that it lacked the jurisdiction to prevent medical harm from coming to Kate Cox while letting time go by. Continue reading
