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IN RE STATE

No. 23-0994.

682 S.W.3d 890 (2023)

IN RE STATE of Texas; Attorney General of Texas; Ken Paxton, in his official capacity as Attorney General of Texas; Texas Medical Board; and Stephen Brint Carlton, in his official capacity as Executive Director of the Texas Medical Board, Relators.

Supreme Court of Texas.

OPINION DELIVERED: December 11, 2023.

Attorney(s) appearing for the Case

Brent Webster , Houston, Amy Pletscher , Amy Hilton , Johnathan D. Stone , Ryan D. Walters , Ralph Molina , Warren Kenneth Paxton , Austin, for Relators Ken Paxton, in his official capacity as Attorney General of the State of Texas, Stephen Brint Carlton, in his official capacity as Executive Director of the Texas Medical Board, Texas Medical Board, The State of Texas.

Claire N. Abrahamson , Aditya V. Kamdar , J. Alexander Lawrence , Nicolas Kabat , Molly Duane , Marc Hearron , Jamie A. Levitt , Austin Kaplan , Astrid Ackerman , for Real Party in Interest Cox, Kate.

Clark Richards, Austin, Skye Perryman, Molly Meegan, Carrie Flaxman, for Amicus Curiae American College of Obstetricians and Gynecologists (ACOG) and Society for Maternal-Fetal Medicine (SMFM).

Maya Sabina Guerra Gamble, Pro Se.

Kate Cox and her husband Justin are the parents of two children. Ms. Cox is about twenty weeks pregnant with a third child—one who has received a tragic diagnosis. The Coxes and their doctor sue to prevent the enforcement of Texas laws that generally prohibit abortion.

These laws reflect the policy choice that the Legislature...

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