As anticipated, President Biden took the opportunity to sow misinformation in last week’s State of the Union address regarding Texas abortion laws. He used the tragic case of Kate Cox, a Dallas woman whose unborn baby was diagnosed with a condition known as Trisomy 18. The president falsely claimed that the life or future fertility of Ms. Cox was at risk from the pregnancy and that she was denied an abortion in Texas.

President Biden is completely wrong. Texas law is clear. If a woman has a pregnancy that endangers her life or future fertility, her physician, using reasonable medical judgment to make that determination, can perform an abortion. These are rare and tragic cases. But in the first 16 months since Roe was overturned, doctors have performed at least 71 abortions in Texas under the medical necessity exception. By the way, no doctor has been charged by a district attorney or sanctioned by the medical board under that law.

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Second, Kate Cox’s pregnancy did not endanger her life or fertility, and her doctor never claimed in court that it did. The physician, a 20-year abortion provider, asked a court to pre-authorize an abortion. Yet, she could not, or at least did not, attest to the court that Cox’s condition posed the risks the medical necessity exception requires, according to the Texas Supreme Court. 

It is deeply concerning that President Biden would use Ms. Cox’s unfortunate situation to advance a narrative that undermines the sanctity of life and disregards the clarity of the medical exception language in Texas law.

We have a response. We invite you to watch two videos on our YouTube Channel featuring stories of women who chose life for their unborn babies diagnosed with Trisomy 18: Deirdre Cooper and her son, Bosco, and Jacquelyn Smith and her daughter, Gemma. Their inspiring stories demonstrate how society should value and protect children with Trisomy 18, as our state does.

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