Texas Woman Asks Court for an Emergency Abortion

12.05.23 (PRESS RELEASE) – Today, the Center for Reproductive Rights filed an emergency lawsuit on behalf of a pregnant woman in Texas, Kate Cox, who needs urgent abortion care due to a lethal fetal diagnosis and threats to her life, health, and fertility from continuing the pregnancy. Despite her dangerous pregnancy complications, Kate has been unable to get an abortion due to the State’s abortion bans. Just last week, she received confirmation that her baby has Trisomy 18—a fatal fetal condition where the fetus has little to no chance of survival. Kate also risks debilitating health complications if she continues the pregnancy, including possible loss of fertility.

If Kate is not allowed to have an abortion in Texas, she will be forced to continue the pregnancy until she either miscarries or gives birth to a stillborn or to a baby that could live only minutes. Her only other option is to try to flee the state. Kate’s OB-GYNs have warned her of dire consequences to her health should she continue the pregnancy. The lawsuit asks the court to temporarily halt Texas’ abortion bans as they apply to Kate and her husband Justin Cox, who fears liability under S.B. 8—Texas’ vigilante abortion ban. The plaintiffs have also requested that the court allow OB/GYN Dr. Damla Karsan to provide Kate with an abortion in Texas without the threat of prosecution. Dr. Karsan is also a plaintiff in another similar case Zurawski v. Texas.

“It is not a matter of if I will have to say goodbye to my baby, but when.  I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer,” said Kate Cox, who is asking the court to temporarily block Texas’ abortion bans. “I do not want to continue the pain and suffering that has plagued this pregnancy. I do not want to put my body through the risks of continuing this pregnancy. I do not want my baby to arrive in this world only to watch her suffer. I need to end my pregnancy now so that I have the best chance for my health and a future pregnancy.”

“Every day, people like Kate are suffering under these dangerous bans and the state of Texas is choosing to let it happen. But it’s not just in Texas, this is happening in all 14 states where abortion is banned. These bans are putting real lives at risk and causing incredible anguish for pregnant people,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “Abortion is standard healthcare, and Kate needs that care right now. The court must urgently step in to protect Kate’s health. Women like Kate should not be forced to go to court to protect her health and preserve her future fertility.”

The Texas Supreme Court recently heard arguments in Zurawski v. Texas, a case filed by the Center on behalf of two OB/GYNs and 20 women who were denied abortions in Texas while experiencing severe and dangerous pregnancy complications. The Court is expected to soon issue a decision on whether to block the state’s abortion bans as it applies to the kind of dangerous situations these women faced and the one currently faced by Kate.

The Center for Reproductive Rights is dedicated to helping all people access abortion in their communities, including people who are denied care while facing pregnancy complications. If you have been denied care and want to speak to a lawyer about your options, please reach out to [email protected]. 

The lawsuit was filed by the Center for Reproductive Rights, Morrison & Foerster LLP, and Kaplan Law Firm on behalf of Kate Cox, Justin Cox, and Damla Karsan, M.D.

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