ST PAUL, Minn. — Editor's note: The video above first aired on KARE 11 in June 2023.
Minnesota Attorney General Keith Ellison is among 11 attorneys general across the country who have spoken out against the enforcement of Texas' strict abortion ban.
The group of top state legal officers released a statement Wednesday, denouncing the Texas Supreme Court's decision to reverse a lower court's ruling that would allow the procedure if a pregnant person's life is at risk.
This latest case stems specifically from a 31-year-old Texas woman named Kate Cox, whose health and life were deemed at risk over the discovery of a fatal genetic condition affecting her fetus. A petition filed in district court on Dec. 5 said at 20 weeks pregnant, Cox had been in and out of emergency rooms multiple times in the span of a month, subsequently discovering her unborn child's dire diagnosis.
Court documents show Cox's doctor testified that the condition of her patient's unborn child could pose serious risks to Cox's "life, her health, and her future fertility," should she continue her pregnancy.
On Dec. 7, the district court judge ruled Cox could receive an abortion under the state's exception to the law that requires a "sufficiently life-threatening" condition. That ruling was immediately appealed by Texas Attorney General Ken Paxton, who shared a letter on social media threatening doctors and health care facilities with legal action should they allow Cox the procedure.
In the Texas Supreme Court ruling on Dec. 11, the court said, in part, "No one disputes that Ms. Cox’s pregnancy has been extremely complicated. Any parents would be devastated to learn of their unborn child’s trisomy 18 diagnosis. Some difficulties in pregnancy, however, even serious ones, do not pose the heightened risks to the mother the exception encompasses."
As a result of the court's decision, Cox traveled out of state to receive an abortion and adequate care.
“No one should be forced to fight in court and leave their home state just to receive the health care they need," the attorneys' general statement read.
"As this case shows, abortion bans pose dangerous health and safety threats wherever they are enacted. Decisions about abortion care should be made between patients and their doctors, not politicians. We will continue to fight to ensure everyone has the freedom to make their own reproductive health care decisions.”
In June 2022, the United State Supreme Court overturned the landmark Roe v Wade ruling, authorizing the right to abortions nationwide. Since then, Minnesota has seen a rise in patients seeking abortion care, as Gov. Tim Walz signed a bill into law earlier this year, guaranteeing the right to abortion access in the state. Minnesota was the first state in the nation to enact legislation protecting abortion rights following the SCOTUS decision.
The attorneys general of Arizona, California, Connecticut, Hawaii, Illinois, Massachusetts, Michigan, New York, North Carolina, Vermont and the District of Columbia also signed on to the condemnation of the Texas court's decision.
Minnesota physicians say this case is concerning for the health of patients and doctors trying to give them necessary care.
"I'd like to know what their definition of a medical exemption is then, because this seems to be screaming medical exemption," said Dr. Leslie Jaeger, an OBGYN with Voyage Healthcare and part of the Minnesota American College of Obstetricians and Gynecologists Board. "I have seen increasing benefits to women as far as health care. And now in the past four to five years, I've seen a lot of those benefits and advantages that we have gained being taken back to before I started."
Dr. Erin Stevens is the legislative chair of the same board and an OBGYN physician at Clinic Sophia.
"I feel sad, I feel angry," said Stevens. "I feel really frustrated and frankly, scared. There's so many portions of this case that are very complex, and have big implications on reproductive healthcare throughout the country."
Stevens says the state has seen a growing number of people out of state seeking abortion care.
"Because we're surrounded by states that have limitations on abortions," said Stevens. "We have seen an increase in abortion care from people that are coming from out of state."
While Stevens said she is thankful for Minnesota's law protecting abortion, it puts medical providers in a bind, with a lack of physicians to meet the demand.
Stevens said this particular case out of Texas not only highlights issues surrounding patient care, but puts doctors in risk of prosecution.
"The legislation as it stands, is very murky," said Stevens. "And if you have the Attorney General coming out, and essentially threatening physicians, who's going to want to provide that care to the patient?"
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