Did an Abortion Ban Cost a Young Texas Woman Her Life?

As many conservatives hail the fall of Roe for saving unborn lives, high-risk pregnancy becomes even more perilous.

By Stephania Taladrid
January 8, 2024

Yeniifer Alvarez arrived in central Texas from San Luis Potosí, Mexico, in 1998. At three, she was just old enough to have a sense of a world left behind: the fire that warmed the house in the evening, the meat hung to dry outside the door, and la bisabuela, her adored great-grandmother, who had died shortly before Yeni and her mom went north. In Luling, Yeni, her parents, aunts, and grandmother settled into a cramped house with a tin roof that was down the street from her great-uncles, the first members of the family to discover the town’s decent jobs, in the oil fields.

Black gold had been gushing there since the nineteen-twenties, and a sulfurous odor hung in the air. To this day, when the smell drifts fifty miles north, people in Austin call it “the Luling effect.” Yeni’s father worked in oil, too, but it wasn’t long before he was deported. Yeni’s mother, Leticia, stayed and got a job in the kitchen of a local Mexican restaurant, where the pay was modest but no one was asking about papers. Every morning, Yeni and her little brother Michael rode to a red brick schoolhouse in a car overstuffed with other kids. At the wheel was a neighbor who, for a dollar a day, took care of children whose parents’ workdays started well before class did. Continued: https://www.newyorker.com/magazine/2024/01/15/abortion-high-risk-pregnancy-yeni-glick


‘Deeply Disturbing’: Federal Court Rules Texas Can Ban Emergency Abortions

U.S. Sen. Patty Murray called the 5th Circuit's ruling "a horrifying and astonishingly dangerous decision from a court that has shown repeatedly they have absolutely no regard for women's lives."

JAKE JOHNSON
Jan 03, 2024

The conservative-dominated 5th Circuit Court of Appeals ruled late Tuesday that Texas hospitals and physicians are not required by federal law to perform abortions under emergency circumstances.

The 25-page decision stems from a legal challenge that Texas filed in response to guidance issued in July 2022 by the U.S. Health and Human Services Department. The guidance states that the Emergency Medical Treatment and Active Labor Act (EMTALA) "protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations."

Continued: https://www.commondreams.org/news/5th-circuit-texas-abortion


Texas Medical Board remains silent on abortion laws, despite calls for more guidance

The Texas Supreme Court has asked the licensing board to offer doctors guidance on how to interpret the medical exception to the state’s abortion ban. Some doctors say that wouldn’t be enough reassurance.

BY ELEANOR KLIBANOFF
DEC. 21, 2023

Last week, in rejecting Kate Cox’s bid to terminate her nonviable pregnancy, the Texas Supreme Court called on the Texas Medical Board to offer doctors more guidance on how to interpret the state’s abortion laws.

“While the judiciary cannot compel executive branch entities to do their part, it is obvious that the legal process works more smoothly when they do,” the justices wrote.

Continued: https://www.texastribune.org/2023/12/21/texas-medical-board-abortion/


Polls within Texas also show that state voters disagree with its burdensome abortion restrictions.

By Chris Walker , TRUTHOUT
December 20, 2023

A new poll shows that the vast majority of Americans, including Republican-leaning voters, disapprove of the state of Texas’s decision to deny an abortion to a woman whose fetus was unviable and who could have lost the ability to become pregnant again if she didn’t obtain the procedure.

Kate Cox, who was denied an abortion by the Texas state Supreme Court, had to flee the state and obtain the procedure elsewhere after her fetus was diagnosed with Trisomy 18, a fatal condition for fetuses that results in either a miscarriage or the birth of a child who dies within hours.

Continued: https://truthout.org/articles/poll-shows-most-americans-disapprove-of-texas-denying-kate-cox-an-abortion/


What It’s Really Like to Challenge Texas’ Absurd Abortion Laws

The government won’t admit what it’s actually doing.

BY DAHLIA LITHWICK
DEC 18, 2023
(1-hour podcast, partial transcript)

… Last summer, Amanda Zurawski and a number of plaintiffs sued to have Texas clarify its inscrutable and malleable “exception” rule, that, as it currently stands, does not seem to allow many exceptions at all, and instead threatens all abortion providers with losing their licenses, paying extortionate fines, and going to prison for 99 years if they help their clients access such care. That case went to the Texas Supreme Court on the same day Kate Cox learned that her baby would die of trisomy 18, the week before the Texas courts forced her to travel out of state to terminate her pregnancy.

On Amicus this week, Amanda Zurawski, the lead plaintiff in that ongoing Texas lawsuit, and one of her lawyers, Jamie Levitt, of Morrison and Foerster, who joined with the Center for Reproductive Rights to protect the rights of women in Texas, joined the show. Our conversation, lightly edited for clarity, follows.

Continued: https://slate.com/news-and-politics/2023/12/amanda-zurawski-on-challenging-texas-abortion-law.html


All Eyes on Texas: Republicans and Business Leaders Decry Court Ruling Denying Kate Cox’s Abortion

With abortion banned in nearly two dozen states, stories like Kate Cox’s are going to keep happening. And voters, business leaders and even fellow Republicans aren’t turning a blind eye.

12/16/2023
by KATHY SPILLAR, Ms. Magazine

A case out of Texas demonstrates the shocking cruelty and extraordinary lengths to which anti-abortion ideologues will go to deny women access to critical healthcare. The state’s Supreme Court intervened last week and denied an emergency request for an abortion by a woman named Kate Cox. Cox was experiencing fetal abnormalities that made her pregnancy unviable and potentially dangerous. The ruling, which forced Cox to leave the state in order to legally terminate the pregnancy, attracted the ire of even some Republicans, including Sen. Susan Collins of Maine.

A fundamental part of the conservative rhetoric used to justify draconian abortion bans is the premise that abortion “hurts women.” But as studies and these real-life cases continue to prove, the opposite is actually true: abortion bans hurt women and endanger their lives—and what’s more, abortion actually helps women.

Continued: https://msmagazine.com/2023/12/16/republicans-business-texas-supreme-court-abortion/


Kate Cox case reveals toll of US abortion bans on women in medical emergencies

Lawsuits from women denied the procedure despite health risks shows how bans don’t allow for complexities of pregnancy

Carter Sherman
Sat 16 Dec 2023

When Kate Cox got the news that her baby would probably only live for a few days, she went online to figure out her options. A 31-year-old mother of two living in Texas, Cox could not get an abortion, but she also knew that she did not want to make her baby suffer.

That’s when Cox came across the news that 20 Texas women had come forward to tell a court that they, like her, had been unable to get abortions in medical emergencies. Within days, Cox went public too: she became the first woman since the fall of Roe v Wade to sue for an abortion while actively pregnant.

Continued: https://www.theguardian.com/world/2023/dec/16/abortion-ban-lawsuits-pregnancy-complication-emergency-kate-cox


Kate Cox is one of hundreds in Texas denied abortions despite serious health risks, data show

By Olivia Goldhill
Dec. 15, 2023

A Texas woman’s unsuccessful legal fight for an abortion on medical emergency grounds drew nationwide headlines in recent days, but her plight is hardly a rare occurrence amid vague and highly restrictive state laws in the post-Roe era. Kate Cox is likely one of hundreds, if not thousands, of Texans who’ve faced a similar struggle this year to get an abortion for medical reasons, according to a STAT review of studies and abortion data from other states.

Over the first six months of this year, there were 34 legal abortions recorded in Texas, all of which were categorized as both “medical emergencies” and to “preserve the health of the woman,” in a state where abortions are only permitted under such circumstances. That figure, said physicians and researchers, is far below the number of patients who would typically need abortions to protect the health of the mother, suggesting many women have been forced to continue pregnancies despite the risks, or to travel out of state for abortions.

Continued: https://www.statnews.com/2023/12/15/abortion-kate-cox-texas-health-risks-trisomy-18/


Abortion Ruling Keeps Texas Doctors Afraid of Prosecution

In ruling that a pregnant woman did not qualify for a medical exception to abortion bans, the Texas Supreme Court left doctors without clear guidance on which cases might pass legal muster.

By J. David Goodman
Dec. 13, 2023

Texas doctors, women and lawyers have been asking the state for nearly two years to clarify what is and what is not allowed under strict, overlapping abortion bans. Lawmakers passed a bill this year that makes some exceptions to the bans clearer, but it wasn’t enough to help doctors decide whether they could legally give a Dallas woman, Kate Cox, an abortion.

Ms. Cox sought permission to end her pregnancy after she learned that her fetus had a fatal genetic condition. A district court judge said she qualified for a medical exception to the bans, but the Texas Supreme Court overturned that decision this week.

Continued: https://www.nytimes.com/2023/12/13/us/texas-abortion-doctor-prosecution.html


‘Stunning’ threat in Texas abortion case steps up Paxton criminalization crusade

State attorney general threatened to prosecute doctors if they provided abortion care to a woman with a nonviable pregnancy

Mary Tuma
Tue 12 Dec 2023

When a Texas court ruled that a 31-year-old woman with a non-viable pregnancy could have an abortion despite the state’s strict bans, the Texas attorney general, Ken Paxton, responded with a brazen threat to prosecute “hospitals, doctors, or anyone else” who would assist in providing the procedure. The letter he sent Texas hospitals hours after the ruling, threatening first-degree felonies that could result in life in prison, was a “stunning” move indicative of his longstanding crusade to criminalize abortion care, say legal experts and advocates.

“It is extraordinary that Paxton would threaten hospitals and doctors with this letter before even winning an appeal,” Mary Ziegler, a UC-Davis law professor who focuses on reproductive rights, told the Guardian. “It’s a very unusual maneuver, but does certainly reflect his ultimate goal of wanting to go after abortion providers and supporters at all costs.”

Continued: https://www.theguardian.com/us-news/2023/dec/12/texas-abortion-ken-paxton-kate-cox