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Ken Paxton on Abortion and Reproductive Health: His Emergency-Care Lawsuit, the Kate Cox Case, and His Prosecution of Abortion Providers

As Texas attorney general, Ken Paxton sued in July 2022 to block federal guidance that protected doctors who perform an abortion to stabilize a patient in an emergency, and he won: a federal appeals court affirmed the ruling in January 2024. ProPublica has documented pregnant Texas women who died without what experts said was appropriate emergency care, and Paxton did not respond to its questions about them.

Paxton also defended Texas's six-week abortion ban at the Supreme Court in 2021, led a multistate brief asking the Court to overrule Roe v. Wade, fought in December 2023 to stop Kate Cox from ending a pregnancy with a fatal fetal diagnosis, and became the first attorney general to criminally prosecute a provider under an abortion ban. He has sued doctors in other states who mail abortion pills to Texans and ended San Antonio's abortion travel fund.

Ken Paxton's Lawsuits, Prosecutions and Statements on Abortion

What Ken Paxton's Abortion Record Means for Pregnant Texans

Frequently Asked Questions About Ken Paxton on Abortion and reproductive health

What is Ken Paxton's record on abortion and reproductive health under Trump?

Ken Paxton won a lawsuit that blocked federal emergency-abortion guidance in Texas, a ruling the Fifth Circuit affirmed in January 2024 before the Trump administration rescinded the guidance nationwide. He defended Texas's six-week ban, asked the Supreme Court to overrule Roe, tried to stop Kate Cox's abortion, and brought the first criminal abortion case by a state attorney general. He has also sued out-of-state doctors who mail pills to Texans and ended San Antonio's abortion travel fund, and he did not answer ProPublica's questions about Texas women who died without emergency care.

Did Ken Paxton try to stop Kate Cox from getting an abortion?

Yes. Ken Paxton asked the Texas Supreme Court to halt the December 7, 2023 ruling that let Kate Cox end her pregnancy, and the same day he warned three hospitals that the order did not protect them or her doctor from civil and criminal liability. Legal experts told ProPublica they had not seen another state attorney general take that step. Cox sought an abortion out of state.

What happened in Ken Paxton's lawsuit over emergency abortion care?

Ken Paxton's 2022 lawsuit against the federal emergency-abortion guidance succeeded, and the ruling also barred the federal government from pursuing cases against members of two anti-abortion medical groups that joined his suit. ProPublica reports that the Supreme Court has still not resolved whether the federal emergency-care law overrides state abortion bans, a question his litigation raised.

Is Ken Paxton prosecuting abortion providers in Texas?

Yes. Ken Paxton's office is prosecuting Maria Margarita Rojas, the first criminal case by a state attorney general under an abortion ban, and months after her arrest he announced the arrest and indictment of eight other clinic staff members. Rojas has pleaded not guilty, and the appeals court that overturned the order closing her clinics did not rule on whether she had performed illegal abortions.

Has Ken Paxton sued doctors in other states over abortion pills?

Yes. Ken Paxton sued New York physician Margaret Carpenter in December 2024 and, in 2026, providers in Delaware and California who mail abortion medication to Texas. A New York judge dismissed his case seeking to enforce the Carpenter judgment, and the attorneys general of Louisiana, Arkansas and Alabama have since copied his approach in a federal suit against out-of-state pill providers.

Last updated: 2026-10-25

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