Texas Attorney General Ken Paxton issued a petition to the court to block Kate Cox's abortion process Thursday night.
However, Cox's representatives quickly issued a communication and petition to the judge to reject this request.
State District Judge Maya Guerra Gamble said she would grant a temporary restraining order allowing Cox to have an abortion.
Cox is 20 weeks pregnant and doctors say her fetus has a terminal defect. Her lawyers told Gamble that Cox went to an emergency room this week for the fourth time since her pregnancy.
Get top local stories in DFW delivered to you every morning. >Sign up for NBC DFW's News Headlines newsletter.
Cox's doctors have told her the baby will likely die at birth or live only a few weeks at most, according to the lawsuit filed in Austin.
"Kate Cox needs an abortion and she needs it now," the lawsuit says.
The lawsuit was filed a week after the Texas Supreme Court heard arguments about whether the ban is excessive for women with complicated pregnancies. The case is one of the biggest challenges to abortion bans in the United States, although a ruling by the all-Republican court could take months.
Local
The latest news from around North Texas.
PAXTON SENDS LETTER TO HOSPITALS
Likewise, the Attorney General sent a letter to three hospitals in the state where Dr. Damala Karsan works or has connections.
In the letter, he indicates the statutes that they would be violating, the fines they would receive and even terms that do not comply with the abortion law established in the state.
They establish that it is the hospitals and medical members that must determine the procedures in accordance with state law and not a court which would be entering into negligence by not having appropriate professional judgment.
They also point out that Dr. Karsan failed to follow hospital protocols to determine that Cox qualified for a medical exception to the state's abortion laws.
