Her lawsuit is believed to be one of the first attempts in the country by an individual seeking a court-ordered abortion since the Supreme Court overturned Roe v. Wade last year, according to the New York Times.

She has had two prior cesarean surgeries – C-sections – and, the suit said, “continuing the pregnancy puts her at high risk for severe complications threatening her life and future fertility, including uterine rupture and hysterectomy.”

“The idea that Mrs. Cox wants desperately to be a parent, and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice,” Judge Maya Guerra Gamble said.

A lawyer representing Texas argued Thursday that Cox’s pregnancy symptoms did not meet the standard set out by the state for a medical emergency that would allow for an abortion.

The argument over subjective versus objective medical reasons for an abortion is central to the ongoing debate and legal fights regarding the state’s exception rule.

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