Kate Cox spent the entire weekend in bed feeling sick and in pain. This morning, she and her attorney decided that waiting for the Texas Supreme Court's final ruling was pointless and dangerous and decided to go to another state for an abortion. The fetus has a fatal malformation, is affected by trisomy 18 and its chances of survival are almost nil. Continuing the pregnancy would have dangerous effects on the woman's health and could forever jeopardize her chances of having another child. Kate, 31, currently lives in the Dallas area and has two children.
Her case drew national attention when a district judge on Thursday — for the first time in 50 years — approved the termination of a pregnancy. Texas has one of the most restrictive abortion laws. The limit is 6 months and only counts “risk of life to the mother” among the reasons that can lead to an abortion, in a way that lawyers, doctors and activists keep vague.
The judge had actually made an exception to the law and allowed Kate, now in her 21st week, to have an abortion. However, Attorney General Ken Paxton immediately objected and took the case to the state Supreme Court, which was cryptic. In fact, on Friday he ordered the lower court's decision to be stayed until more information is available and a final ruling is made. The nine members of the Supreme Court are Republicans.
A decision that effectively pushes the final verdict further and leaves Kate in limbo. Hence the decision to leave the state after 72 hours. It is not known where the woman will have an abortion. The Center for Reproductive Rights, which represents Kate, said it had received proposals from “Canada, Kansas and Colorado,” but attorney Nancy Northup would not reveal its final destination.
For many women living in states with restrictive laws, emigrating to a nearby state or continuing to travel has become an option. In the first half of 2023, according to a study by the Guttmacher Institute, one in five women had an abortion abroad. In absolute numbers we are talking about 92,000 people. The point of comparison is what happened in 2020: At that time, one in ten women had “emigrated”, i.e. fewer than 45,000 people. So, compared to three years ago, the numbers have increased, but the available targets have decreased. Almost half of US states have more or less strict restrictions in place, and it is no longer enough to go to a neighboring state to get the care you need. One example is Texas: In 2020, women could travel to nearby Oklahoma, where abortions are now banned. On the contrary, there are states where the number of patients seeking abortion has increased exponentially. Clinics have long queues. One example is New Mexico, which borders Texas to the west and where 8,200 non-residents traveled in the first half of the year. Only Illinois and North Carolina have higher numbers.
