AUSTIN, Texas — Texas’ strict abortion ban will face an unprecedented check Thursday, when a choose considers a request for an emergency court docket order that may permit a pregnant girl whose fetus has a deadly analysis to have an abortion within the state.

The lawsuit filed by Kate Cox, a 31-year-old mom of two from the Dallas space, is believed to be the primary of its sort within the nation for the reason that U.S. Supreme Court docket final yr overturned Roe v. Wade, based on the Heart for Reproductive Rights, which is representing Cox.

Since that landmark ruling, Texas and 12 different states rushed to ban abortion at practically all phases of being pregnant. Opponents have sought to weaken these bans – together with an ongoing Texas problem over whether or not the state’s regulation is just too restrictive for ladies with being pregnant issues – however till now, a girl has not gone to court docket looking for approval for an instantaneous abortion.

“I don’t need to proceed the ache and struggling that has plagued this being pregnant or proceed to place my physique or my psychological well being by way of the dangers of constant this being pregnant,” Cox wrote in an editorial revealed in The Dallas Morning Information. “I don’t need my child to reach on this world solely to observe her endure.”

Though Texas permits exceptions below the ban, docs and ladies have argued that the necessities are so vaguely worded that physicians nonetheless received’t threat offering abortions, lest they face potential felony prices or lawsuits.

The lawsuit was filed in opposition to the Texas lawyer basic’s workplace, which has defended the ban in court docket, and the state’s medical board. Republican Texas Legal professional Normal Ken Paxton’s workplace has not responded to requests for remark.

Cox is 20 weeks pregnant and has been informed by docs that her child is prone to be stillborn or dwell for every week at most, based on the lawsuit filed in Austin. The swimsuit says docs informed her their “fingers are tied” below Texas’ abortion ban.

The lawsuit was filed every week after the Texas Supreme Court docket heard arguments about whether or not the ban is just too restrictive for ladies with being pregnant issues. That case is among the many largest ongoing challenges to abortion bans within the U.S., though a ruling from the all-Republican court docket might not come for months.

Cox, a mom of two, had cesarean sections along with her earlier pregnancies. She realized she was pregnant for a 3rd time in August and was informed weeks later that her child was at a excessive threat for a situation often called trisomy 18, which has a really excessive probability of miscarriage or stillbirth and low survival charges, based on the lawsuit.

Medical doctors informed Cox that if the child’s heartbeat have been to cease, inducing labor would carry a threat of a uterine rupture due to her prior cesareans, and that one other C-section at full time period would endanger her means to hold one other little one.

In July, a number of Texas girls gave emotional testimony about carrying infants they knew wouldn’t survive and docs unable to supply abortions regardless of their spiraling circumstances. A choose later dominated that Texas’ ban was too restrictive for ladies with being pregnant issues, however that call was swiftly placed on maintain after the state appealed.