DALLAS — On Thursday, a Texas judge ruled Dallas mother Kate Cox could have a medically necessary abortion. But by Friday, the Texas Supreme Court temporarily blocked that decision.
"At least in 50 years, we’ve never seen anything like this," SMU Dedman School of Law Professor Seema Mohapatra said.
The case is believed to mark the first time an actively pregnant adult woman has gone to court to get an abortion since before Roe v. Wade in 1973.
Cox filed her lawsuit after doctors said her baby had a fatal genetic condition, and that delivering to term could harm her and her chances of having another child.
"I knew that there were abortion bans in Texas, I knew that there had to be exemptions, and I could see in this case surely I would qualify for an exemption," Cox told ABC News on Wednesday.
A lower court judge initially ruled she did, granting Cox permission to have the abortion. But Texas Attorney General Ken Paxton disagreed. After threatening prosecution for anyone who helped her get an abortion, Paxton petitioned the Texas Supreme Court to intervene, writing, if the abortion is allowed, “nothing can restore the unborn child’s life that will be lost as a result.”
"Her doctor says the care you need is an abortion and what we have is the Attorney General, attempting to practice medicine I guess," Cox’s attorney, Molly Duane said.
The Texas Supreme Court ultimately put a hold on the order allowing Cox’s abortion, while the justices deliberate a final ruling.
"We don’t know how it’s going to proceed because this is a very unusual situation," Mohapatra told WFAA Sunday.
Mohapatra said the court could immediately issue its own order or call for another hearing first.
"Even as a lawyer who specializes in this, it’s very hard to navigate what’s going on," Mohapatra said. "But I think within the next couple of days we should hear something, because time is obviously of the essence."
The court’s ruling will only apply to Cox; it will not rewrite the law. But it well could impact future abortion challenges in Texas. For examples, attorneys may argue the final ruling in “the Kate Cox case” set a precedent.
"An attorney can say 'well, the Texas courts have already decided this was or wasn’t within the exception,'" Mohapatra said.
As of Sunday evening, the Texas Supreme Court has not issued a decision or a timetable.