Texas AG Paxton warns hospitals not to perform abortion approved by ‘activist’ judge

Despite a judge’s order granting a Dallas area woman to get an abortion, Texas Attorney General Ken Paxton is warning of possible repercussions if the procedure is preformed.

Paxton responded to Thursday’s ruling in a letter to three Houston hospitals, where he said one of the woman’s doctors, Dr. Damla Karsan, holds privileges. Karsan, an OBG-YN, works for Comprehensive Women’s Healthcare in Houston.

In the letter, Paxton said the order signed by an “activist” judge “will not insulate you, or anyone else, from civil and criminal liability for violating Texas’ abortion law.” Paxton also asserts that the allegations in the lawsuit and the judge’s order do not establish that Cox qualifies for a medical exemption under Texas’ abortion law.

The woman, Kate Cox, is 20 weeks pregnant. Her fetus has been diagnosed with full trisomy 18, a disorder in which babies have three copies of chromosome 18 instead of two. She has been told by her doctors that the baby will be stillborn or live for only minutes, hours or days. Her attorney argued that Cox falls within the medical exemptions to Texas abortion laws.

Cox has had four emergency room visits the past month for symptoms such as severe cramps, leaking fluid and elevated vital signs, according to Molly Duane of the Center for Reproductive Rights.

Cox and her husband Justin have two children and desperately want more, according to her attorney.

Marc Hearron, senior counsel at Center for Reproductive Rights, said in a statement that Paxton has resorted to “fearmongering” in enforcing abortion bans.

“Rather than respect the judiciary, he is misrepresenting the court’s order. He attacks the judge who rules against him as an ‘activist judge’. He is trying to bulldoze the legal system to make sure Kate and pregnant women like her continue to suffer.”

The Woman’s Hospital of Texas, one of the hospitals addressed in Paxton’s letter, confirmed receipt of the letter in a Friday statement.

“We received the letter sent by the Attorney General to Houston hospitals and are monitoring this complex and rapidly evolving legal case,” the hospital said. “Our focus remains on our patients and the community we serve, and we do not have any further information at this time.”

Texas’ laws restricting abortion access include a ban on abortions after cardiac activity is detected in a fetus and a so called “trigger” law that went into effect soon after Roe v. Wade was overturned by the U.S. Supreme Court.

Attorneys for Cox argued in a court document that exemptions to the state’s abortion laws to preserve the parent’s life and health are inconsistent and use non-medical terminology, creating confusion among medical professionals about the exception’s scope.

In Cox’s case, an abortion is the best medical option because she wants to have more children in the future, but because of the state’s abortion bans, her doctors have said their “hands are tied,” the document reads.

“It is not a matter of if I will have to say goodbye to my baby, but when,” Cox said in a statement shared by the Center for Reproductive Rights on Tuesday. “I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer. I do not want to continue the pain and suffering that has plagued this pregnancy. I do not want to put my body through the risks of continuing this pregnancy. I do not want my baby to arrive in this world only to watch her suffer. I need to end my pregnancy now so that I have the best chance for my health and a future pregnancy.”

The state, in a court document responding to Cox’s attorneys, argued Cox doesn’t face imminent injury, and that the possible injuries are hypothetical.

Cox has not alleged she “has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced” as required under Texas law, the document reads.

An attorney for the state argued that Karsan should get a second opinion from a colleague. Were they to agree that Cox qualifies for the medical exemption, Thursday’s hearing would be moot and the abortion could be performed, said Johnathan Stone from the Texas Attorney General’s Office. Duane countered that the temporary restraining order would give everyone at Karsan’s hospital the sufficient comfort that they would not be prosecuted for performing Cox’s abortion.

An evidentiary hearing should be held in the case, Stone said.

“The abortion once performed is permanent,” he said. “It can’t be undone.”