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Court Grants Texas Woman’s Request For Emergency Abortion In Historic Ruling

A judge granted a Texas woman’s request for an abortion for a pregnancy with a severe anomaly on Thursday.

The woman, Kate Cox, had filed a lawsuit against the state over its restrictive abortion bans, asking a judge to grant her a temporary restraining order that would allow her to get an abortion.

“The idea that Miss Cox wants desperately to be a parent, and this law might actually cause her to lose that ability is shocking, and would be a genuine miscarriage of justice,” Judge Maya Guerra Gamble, a Democrat elected to the bench, said Thursday.

Cox could be seen wiping away tears as Gamble issued her decision. Guerra Gamble’s order has been processed. A temporary restraining order prohibiting the implementation of any of Texas’ abortion bans, including SB8 which allows private citizens to sue anyone who aids in providing an abortion, will remain in effect until Dec. 20.

The ruling came in the first publicized case of a woman suing for an emergency abortion since Roe v. Wade in 1973.

MORE: This woman is suing Texas over its abortion bans because she wants to be a mother againCox is currently carrying a pregnancy with virtually no chance the baby — who has trisomy 18 — will survive to birth or long afterward. She’s said she has been denied the safest form of abortion care for her — a dilation and evacuation procedure. The CRR would not disclose when or where Cox plans to obtain her abortion care due to safety concerns.

In an interview the night before the ruling, Cox told ABC News’ Rachel Scott that she was shocked to hear from her doctor that she could not get the care she wanted in Texas.

“We’re grieving the loss of a child. There’s no outcome here that results in us taking home a healthy baby girl. So it’s hard. It’s overwhelming,” Cox said.

“I asked my doctor, you know, best case, how much time she thinks we would have with her. And she said, ‘Could be an hour. Could be a week,’ but that we needed to prepare ourselves to be placing this baby onto hospice. There’s no treatment. So that was very, very hard,” Cox said.

Court Grants Texas Woman's Request For Emergency Abortion In Historic Ruling

Cox said she “desperately” wants a chance to have another baby and grow her family.

“I’m a Texan. I love Texas. I’m raising my children here. I was raised here. I’ve built my academic career, my professional career here. You know, I plan to stay. And so I want to be able to get access to the medical care that I need, and my daughter to have it as well,” Cox said.

Johnathan Stone, with the Texas Attorney General’s Office, argued in court that Cox hadn’t proved she would suffer “immediate and irreparable injury” and suggested that a subsequent hearing be allowed with more evidence.

He said under state law doctors can use “reasonable medical judgement” in providing an emergency abortion to protect a woman’s life at risk, but that it didn’t appear Cox met that definition.

Molly Duane, Cox’s attorney with the Center for Reproductive Rights, said that standard is impossible to meet without harming a woman.

MORE: 1 in 5 patients travel to other states for abortion care, according to new data“The state attempts to second guess Miss Cox’s positions and say that she is still not sick enough,” Duane said. “They have moved the goalposts once again. Now a patient must be about to die before a doctor can rely on the exception. This position is not only cruel and dangerous, but it flies in the face of the Texas Constitution, medical ethics and the laws themselves.”

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