Texas judge allows emergency abortion despite statewide ban

Amna Nawaz:

A state district judge in Texas has stepped in to allow a woman to terminate her pregnancy, despite a statewide abortion ban. It's believed to be the first case since the U.S. Supreme Court overturned Roe v. Wade where a woman has asked a judge to approve an immediate abortion and won.

Kate Cox is 20 weeks' pregnant, and the fetus has what's considered a fatal diagnosis. If Cox delivered the baby, she could endanger her ability to have another child. In her ruling, Judge Maya Gamble said — quote — "Ms. Cox's life, health and fertility are currently at serious risk" and that her circumstances meet the medical exception to Texas' abortion bans.

Kate Cox, the plaintiff, and Molly Duane of the Center for Reproductive Rights join me now.

Welcome to you both.

And, Kate, I will just begin with you and ask, how are you feeling right now?

Kate Cox, Plaintiff:

We're taking it day by day. We're hanging in there.

It's a hard time. It's a lot of grief. We're grieving the loss of a child, so just taking it day by day.

Amna Nawaz:

And I know there's still some uncertainty ahead. Have you thought about a plan or what happens next moving forward?

Kate Cox:

I'm hopeful after the decision this morning, so, to have the medical care that I need here in Texas.

And this pregnancy has been plagued with pain and suffering. I have been to the E.R. on three separate occasions, one of which I was transferred to another hospital. My health is at risk. My baby can't survive. It's a medical decision.

Amna Nawaz:

I'm so sorry for everything you have been through.

Ms. Duane, I will turn to you now, because the Texas attorney general, Ken Paxton, just came out with a statement that this judge's ruling will not — quote — "insulate hospitals, doctors, or anyone from civil or criminal liability."

How are you prepared to respond?

Molly Duane, Senior Staff Attorney, Center for Reproductive Rights: Well, I would hope that everyone is shocked by that response from Ken Paxton.

He is misrepresenting what the order from the district court said this morning. And he is fearmongering in the extreme, which has been his M.O. for years in Texas. The cruelty here is the point. And making it terrifying for Ms. Cox, for her husband for her doctor to be able to proceed in the way that is safest and best for her health care and her family is exactly what Ken Paxton is trying to do.

And I, as an attorney, am appalled at what has happened today.

I am so thankful that Ms. Cox is so brave and so optimistic, because it is a hard time to be a lawyer when you feel like you can do your absolute best for your client, you can get the result that it's just and it's right, and yet still face — what we are talking about here is life in prison, loss of medical license and hundreds of thousands of dollars in — hundreds of thousands of dollars in fines, both for the physician and for Ms. Cox's husband, who just wants to help his wife get the health care that she needs so that they can continue to build the family that they want.

I am shocked, but I am not surprised.

Amna Nawaz:

Ms. Duane, as you know, there are a number of legal cases unfolding around abortion access. Are there wider implications for this ruling?

Molly Duane:

Well, this ruling today was just about Ms. Cox and whether or not she can get the health care that she needs to preserve her life and her fertility in her home community.

But, obviously, these fights are playing out nationwide. And what I really want people to understand is that, in the 14 states where abortion is now entirely prohibited, and states like Florida and Arizona that have gestational bans that some people would call a compromise, but clearly are not, as they would affect Ms. Cox's care as well, there are no exceptions under those bans, because, if Ms. Cox doesn't fall within the exception, then what does the exception even mean?

And so I just want people to really understand just how damaging abortion bans are and to see themselves in Ms. Cox and her family, because this could happen to anyone. And my position, as a citizen, as a lawyer, and as a human being is that each individual's grieving process should be their own to decide.

And when it comes to health care, I don't want politicians in my state or anywhere else dictating what care I can get.

Amna Nawaz:

Kate Cox, this has turned into a legal conversation. This is your life. This is your family. This is your health.

And you hinted a little bit. You have mentioned how difficult, how much pain you have been in the last few weeks, your trips to the emergency room several times. Can you help folks understand what the last few weeks have been like for you?

Kate Cox:

I mean, it's hard to even put into words. I mean, it's devastating. I'm very grateful for my two beautiful babies at home.

But we desperately — we want a third. We were so excited for this baby. She is deeply loved, deeply wanted. But, unfortunately, pregnancies are not all rainbows and sunshines. And it's surreal that I'm navigating these complications publicly. It feels like this is a medical decision for me and for our family.

And so to be going through the loss and the pain, and — it's hard.

Amna Nawaz:

Kate, you didn't have to give an interview today. You don't have to give any interviews, but you did want to speak today. Why?

Kate Cox:

I wanted the opportunity to tell my story.

I know, personally, before going into this, I never imagined we'd be in this position. I never imagined I would ever want or need an abortion. And I think, by sharing this story, you can imagine the women that you love in your life, and imagine they're pregnant and so happy and looking forward to the baby.

And they find out that she will not survive. She will either die in my belly or I will carry her to term and have to deliver her stillborn, or, if she arrives into this world, her life will be measured in minutes or hours or days and plagued with medical devices.

She would need to be placed directly onto hospice. So imagine receiving that news and pairing that with the risks and complications of continuing the pregnancy and the childbirth. It's overwhelming. So I wanted to share my story, because I never would have thought of it before it happened to me.

And so I just want people to hear it.

Amna Nawaz:

Kate Cox, thank you for joining us. Thank you for sharing your story. We are thinking about you and your family.

Molly Duane of the Center for Reproductive Rights, thank you also for joining us tonight.

Molly Duane:

Thank you.

Kate Cox:

Thank you.