A Texas judge is granting a woman’s request for an emergency abortion in violation of the state’s near-total ban.
In a historic ruling, the judge sided with Kate Cox, whose baby suffers from a likely fatal birth defect. Her lawyers also argue giving birth could harm her ability to have more children.
But that might not be the end of the story. Under Texas law, abortions can only be done in cases where a mother’s life is in danger or if she faces severe bodily harm.
Texas Attorney General Ken Paxton says he might seek an appeal since, in his view, Cox failed to meet this standard. In the meantime, he’s warning hospitals that yesterday’s ruling will not protect them from civil and criminal liability.
Paxton also says it won’t protect individuals from private lawsuits, which are allowed to be brought against abortion providers under state law.