The ruling, which applied only to Ms. Cox’s current pregnancy, suggested that the court would not be open to readings of the law that would expand the medical exception in Texas beyond all but the most serious cases. The fact that Ms. Cox decided to leave the state rather than wait for a ruling underscored the difficulty of seeking court permission for an abortion in the midst of a pregnancy.
Ms. Cox asked the lower court for approval after she learned that her fetus had a fatal condition, and after several trips to the emergency room. Her lawyers and her doctor argued that carrying the pregnancy to term risked her health and her future ability to have children.
The legal authorization she obtained from the lower court was put on hold when Ken Paxton, the state attorney general, appealed to the Texas Supreme Court. But uncertain of when a ruling would come, her lawyers said on Monday that she had decided to seek an abortion in a state where it is legal.
“Kate desperately wanted to be able to get care where she lives and recover at home surrounded by family,” Nancy Northup, the chief executive for the Center for Reproductive Rights, which was representing Ms. Cox in her case, said in a statement. “While Kate had the ability to leave the state, most people do not, and a situation like this could be a death sentence.”
The case was believed to be the first to seek a court-ordered exception since the U.S. Supreme Court overturned Roe v. Wade last year, clearing the way for Republican-controlled states like Texas to enact near-total bans on abortions.