Texas attorney general says he will sue doctor who gives abortion to Kate Cox

The Texas attorney general, Ken Paxton, has threatened to prosecute any doctor who provides an abortion to Kate Cox, a woman with a non-viable pregnancy, advising hospitals to ignore a court order issued on Thursday allowing her to get the procedure.

The rightwing Paxton issued the warning to three Houston-area hospitals after a Texas judge ruled this week that Cox, a pregnant woman with a lethal fetal diagnosis, may obtain an abortion under the narrow medical exceptions offered by the state bans.

In a brazen dismissal of the court’s decision, Paxton wrote that the judge’s order “will not insulate hospitals, doctors or anyone else from civil and criminal liability”.

Paxton also wrote that the hospital where Cox obtains an abortion “may be liable for negligent credentialing the physician” who performs the procedure.

The Center for Reproductive Rights filed a lawsuit on behalf of Cox after she learned last week that her fetus has trisomy 18, a fatal chromosomal condition, as well as other health issues, including a spinal abnormality. Continuing the pregnancy could threaten Cox’s life and future fertility. The 31-year-old mother of two has already rushed to the emergency room four times with severe cramping and fluid loss, but doctors have told her that their hands are tied by the state laws.

On Thursday, the Travis county judge, Maya Guerra Gamble, issued a temporary restraining order to permit Cox’s doctor to perform the abortion.

“The idea that Ms Cox wants desperately to be a parent and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice,” the judge said, following an emergency hearing on Thursday.

Late Thursday night, the state appealed the judge’s ruling, in a motion asking the Texas supreme court to immediately block Gamble’s order.

The supreme court on Friday night put Gamble’s order on hold, saying it was temporarily staying Thursday’s ruling “without regard to the merits”. The case is still pending.

Molly Duane, an attorney at the Center for Reproductive Rights, which is representing Cox, said: “While we still hope that the court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied.”

In Paxton’s letter to the hospitals involved in Cox’s case, the attorney general wrote that Gamble was “not medically qualified to make this determination”.

“He is trying to bulldoze the legal system to make sure Kate and pregnant women like her continue to suffer,” said Marc Hearron, the senior counsel at the Center for Reproductive Rights, in a statement. “Fearmongering has been Ken Paxton’s main tactic in enforcing these abortion bans. Rather than respect the judiciary, he is misrepresenting the court’s order.”

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Cox’s case marks the first time a pregnant person has asked a court for an emergency abortion since Roe v Wade was decided in 1973.

Paxton, a seasoned abortion opponent, faced off against the Center for Reproductive Rights just last month, in a case involving 20 women who had been denied emergency abortion care despite suffering severe complications with their pregnancies.

The abortion rights movement generally enjoyed broad electoral victories in the aftermath of the US supreme court’s decision to overturn Roe v Wade. Paxton, a particularly active champion of abortion restrictions, was re-elected to a third term as Texas’s top prosecutor in November 2022.

Last month, the Department of Justice asked a US appeals court to allow the federal government to enforce a rule that instructs doctors to perform an abortion when required in medical emergencies.

Paxton has called the effort to re-establish federal rules on emergency medicine “unconstitutional”.

“While the Biden administration continues to make up rules that are unconstitutional, I will keep holding them accountable,” Paxton said in a statement released earlier this year. “I will not allow the Biden administration to threaten doctors and hospitals with this unlawful mandate and put millions of Texans’ access to healthcare on the line.”