Kate Cox, 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.
A Texas judge granted Cox, a pregnant 31-year-old mother of two, permission to get an abortion, as her fetus has a fatal trisomy 18 genetic defect, also known as Edwards' syndrome. Most babies with the defect will die before birth or shortly afterward. Texas Supreme Court ruled on Friday in an order that it was temporarily staying the lower court's decision, halting Cox from legally getting the medical procedure in Texas. The stay remains in place until the court delivers a full decision.
On Monday, Cox left the state to allow herself to terminate the pregnancy legally, according to the Center for Reproductive Rights, which has represented Cox in the case.
"She's been in and out of the emergency room and she couldn't wait any longer," said Nancy Northup, head of the reproductive rights group.
In a press release, Northup continued to state Cox's health is on the line and will not be disclosing her whereabouts, adding, "This is why judges and politicians should not be making healthcare decisions for pregnant people—they are not doctors."
Northup also condemned the ruling, saying it is the result of the Supreme Court's reversal of Roe v. Wade.
"Women are forced to beg for urgent healthcare in court. 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," Northup said in a press release.
Newsweek reached out to the Center for Reproductive Health via email for comment on Monday.
The center has also warned that while Cox had the ability to leave the state, "most people do not, and a situation like this could be a death sentence."
This comes as Texas enacted one of the strictest abortion bans in the United States, following the Supreme Court's decision to overturn Roe v. Wade in 2022, leaving individual states to choose its own legal status on abortion. Texas' ban, which does not have exceptions for rape, incest or medical needs, such as Cox's case, goes into effect after about six weeks of pregnancy, which is before most women even know they're pregnant.
Cox's lawsuit is believed to be the first time since Roe was overturned that a woman has asked a court to approve an abortion.
According to the lawsuit, Cox has been to three different emergency rooms in the last month due to severe cramping and unidentifiable fluid leaks. Doctors have also told Cox that if the heartbeat of the fetus were to stop, inducing labor could cause a uterine rupture because of her two previous C-sections and that another one at full term would risk her ability to carry another baby.
Since the lawsuit, Texas Governor Greg Abbott and Attorney General Ken Paxton have faced backlash online from social media users.
Paxton, who is leading the effort against the lower court's decision, said in a letter to three hospitals in Houston that Cox failed to demonstrate that she has a life-threatening medical condition or that her symptoms place her at risk of death or major bodily harm.
Paxton has also threatened to prosecute anyone who carries out an abortion in Cox's case.
Update 12/11/23, 3:54 p.m.: This article has been updated to include additional information.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
