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Legal expert breaks down Texas Supreme Court ruling on Texas woman's battle to get abortion

The Texas Supreme Court blocked a lower court's decision to allow the abortion. But it said doctors don't need court orders to perform life-saving abortions.

AUSTIN, Texas — Dallas woman Kate Cox opened up in an interview last week about what has been weighing on her mind, facing a pregnancy that has a serious condition – Trisomy 18. Doctors told her the fetus had no chance of survival. 

"I'm balancing what's the best for my health, what's the best for next pregnancy and at the same time, just trying to balance, you know, our family and our health and grieve the situation," Cox said. 

Doctors believed Cox qualified for a medical exemption to the abortion ban in Texas, but they did not want to risk the legal consequences. A Travis County court granted an order to allow the procedure to happen, but Texas Attorney General Ken Paxton appealed to the Texas Supreme Court.

The high court issued its opinion on Monday, throwing out the lower court's order, saying it is moot. The justices noted doctors do not need court orders to perform life-saving abortions and went on to say if Cox's doctors, using reasonable medical judgment, think her life is at risk, they should take action. 

The Center for Reproductive Rights said this past week of legal limbo has forced Cox to leave Texas to get health care. Dr. Samuel Dickman, the chief medical officer of Planned Parenthood of Montana, moved out of Texas after the abortion ban, often seeing stories like these. 

"I often take care of patients who are traveling from Idaho, from Wyoming, from North Dakota, even as far away as from Texas, who have had to travel out of state to get an abortion that they previously would have been able to access in state. And it's at incredible personal and emotional and financial cost," Dickman said. 

Ultimately, Texan Legal senior partner Maureen Farrell believes this matter is not best resolved in court. 

"This situation is going to be best resolved by legislative action and by the state, the people of the state of Texas voting for representatives who have, you know, who represent their views on what abortion law should be in the state of Texas," Farrell said. 

Dickman worries about the future of women's health care. 

"Thousands and thousands of women are having to make these really, really difficult journeys out of state to get care," Dickman said. 

While Texas allows medical exceptions under its abortion ban, doctors and women have argued the requirements are vaguely worded and many physicians will not risk providing abortions to avoid facing potential legal trouble. 

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