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Home  /  World  /  Breezy Explainer: Why is the US court deciding if a woman can get an emergency abortion?

Breezy Explainer: Why is the US court deciding if a woman can get an emergency abortion?

by Shriya Kataria
December 12, 2023
in The US, World
Reading Time: 3 mins read
abortion

The Texas Supreme Court temporarily banned a lady from having an emergency abortion. Kate Cox, 31, had a life-threatening pregnancy that lasted 20 weeks and in which her fetus was not viable. The infant would be stillborn or would die within minutes, hours, or days. She is now required to leave the state if she wishes to obtain an emergency abortion. The result went against a district court decision that had enabled Cox to have an abortion. Why do lawmakers believe they have authority over women’s physical autonomy?

Texas has one of the harshest regulations in the world when it comes to termination of pregnancy

Cox’s fetus has full trisomy 18, a rare genetic disorder that causes severe deformities and organ problems. There is a danger that her uterus will rupture if she does not have an abortion. However, the court angrily refused her right, requiring her to leave the state if she wanted to continue having abortions. Texas has one of the harshest abortion regulations in the world. It makes abortion illegal even in circumstances of rape or incest. It also has legislation that allows private persons to sue anyone who seeks an abortion. Physicians in Texas who are found guilty of performing abortions risk 99 years in jail, a fine of up to $100,000, and the loss of their medical license.

Cox was granted an abortion by a Texas District Court. District Judge Maya Guerra Gamble granted Cox’s abortion request under a medical exception under Texas law that enables a woman to abort a fetus if it endangers her health. According to the judge, the risk to Cox’s fertility is so great that not permitting abortion would be “a genuine miscarriage of justice.” Texas Attorney General Ken Paxton, on the other hand, petitioned the Supreme Court to halt the abortion. Paxton, a conservative Republican, stated that “the “activist” judge’s order does not insulate hospitals, doctors, or anyone else from civil and criminal liability for violating Texas’ abortion laws.”

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The lawmakers who blocked the abortion ignored the fact that the pregnancy was dangerous to both the woman and the child

“While we still hope that the Court ultimately rejects the state’s request and does so quickly,” said attorney Molly Duane of the Center for Reproductive Rights, who represented Cox in court, “in this case, we fear that justice delayed will be justice denied.” “In the state’s eyes, Ms. Cox simply isn’t sick enough, isn’t close enough to death, to qualify for the exception,” she continued. It is evident that Texas’ attorney general believes he is better qualified to practice medicine than his state’s physicians.” I completely concur with Duane. Why does Paxton get to determine whether or not a woman should get an abortion? Do women not have bodily autonomy? Don’t they have the freedom to choose whether or not to have a baby?

The lawmakers who blocked the abortion ignored the fact that the pregnancy was dangerous to both the woman and the child. This is simply heartbreaking. It demonstrates that moral beliefs are more essential than saving a woman’s health. It also presents women as baby-making machines, with their health and safety coming second. According to Johnathan Stone, an attorney who represented Texas, “the abortion once performed is permanent and cannot be undone.” In response to this, Duane remarked, “I would just note that the harm to Ms Cox’s life, health and fertility are very much also permanent and cannot be undone.”

We don’t know what the next steps will be in the Cox case. But we do know that this verdict has an impact on how society views women. If this verdict is upheld, it will pose a major danger to women’s control over their bodies. Every woman will be afraid to exercise her reproductive rights as a result of this. Pregnancy is a personal experience. A woman should not have to knock on the court’s doors and make a public exhibition of her body in order to obtain basic rights. Only the woman and her doctors have the ability to determine whether or not a pregnancy is viable.

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