Texas judge to consider pregnant woman's request for order allowing her to have an abortion

AUSTIN, Texas (AP) — Texas' strict abortion ban will face an unprecedented test Thursday, when a judge considers a request for an emergency court order that would allow a pregnant woman whose fetus has a fatal diagnosis to have an abortion in the state.

The lawsuit filed by Kate Cox, a 31-year-old mother of two from the Dallas area, is believed to be the first of its kind in the nation since the U.S. Supreme Court last year overturned Roe v. Wade, according to the Center for Reproductive Rights, which is representing Cox.

Since that landmark ruling, Texas and 12 other states rushed to ban abortion at nearly all stages of pregnancy. Opponents have sought to weaken those bans — including an ongoing Texas challenge over whether the state's law is too restrictive for women with pregnancy complications — but until now, a woman has not gone to court seeking approval for an immediate abortion.

“I do not want to continue the pain and suffering that has plagued this pregnancy or continue to put my body or my mental health through the risks of continuing this pregnancy,” Cox wrote in an editorial published in The Dallas Morning News. “I do not want my baby to arrive in this world only to watch her suffer.”