, ,

Texas emergency rooms not bound by Biden admin’s guidance on emergency abortion, federal court rules

A federal appeals court ruled on Tuesday that the U.S. government does not have the authority to force Texas emergency room doctors to perform abortions if necessary to stabilize emergency room patients.

Reuters reported that the ruling sided with Texas in a lawsuit claiming the Biden administration was overstepping its authority on abortion.

A panel with the 5th Circuit Court of Appeals ruled unanimously on the matter as several lawsuits pertaining to when abortions can be performed in states with abortion ban exceptions for medical emergencies make their way through the courts.

In July 2022, the Biden administration issued guidance saying the Emergency Medical Treatment and Active Labor Act (EMTALA), which is a federal law that governs emergency rooms, can require abortion if it is necessary to stabilize a patient with a medical emergency, despite abortion being required in the state where the emergency room is located.

PREGNANT TEXAS WOMAN CHALLENGES STATE ABORTION BAN WITH LAWSUIT AFTER RECEIVING FETAL FATAL DIAGNOSIS

The guidance was issued shortly after the U.S. Supreme Court overturned the landmark Roe v. Wade ruling in June 2022.

The overturning of Roe v. Wade turned power over to the states to allow, limit or ban abortion altogether.

TEXAS JUDGE RULES STATE’S ABORTION LAW IS TOO RESTRICTIVE FOR WOMEN WITH PREGNANCY COMPLICATIONS

The ruling came in the court’s opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy.

A lower court agreed, in August 2022, that there was no mention in EMTALA on what a doctor should do if there is a conflict between the health of a mother and the unborn child. The court also agreed that the Texas abortion ban “fills that void” by including narrow exceptions to save a mother’s life or prevent serious bodily injury in some cases.

Writing for the 5th Circuit Court panel, Judge Kurt Engelhardt said EMTALA includes a requirement to deliver an unborn child, and it was up to doctors to balance the mother’s medical needs, as well as those for the fetus, while complying with state abortion laws.

TEXAS ABORTION BAN CHALLENGED AS ORAL ARGUMENTS BEGIN

What the law does not provide, Engelhardt wrote, is an “unqualified right for the pregnant mother to abort her child.”

The 5th Circuit Court’s ruling upholds a lower court order that blocked enforcement of the Biden administration’s guidance in Texas, and against members of two anti-abortion medical associations anywhere in the U.S.

In December, a pregnant Texas woman whose baby had a fatal diagnosis asked a court to let her have an abortion, bringing what her attorneys said was the first lawsuit of its kind in the U.S. since Roe v. Wade was overturned.

The Texas Supreme Court denied the woman’s request. She ended up leaving the state to get the procedure.

CLICK HERE TO GET THE FOX NEWS APP

Texas is one of 13 states that ban abortion at nearly all stages of pregnancy, and although Texas allows exceptions, doctors and women have argued in court that the state’s law is so restrictive and vaguely worded that physicians are fearful of providing abortions because they could face criminal charges.

Reuters contributed to this report.

   

PATRIOT WATCHDOG ALERTS
STAY IN THE LOOP

📬 Join our community of patriots & and stay vigilant by keeping an eye on the proceedings.
Get “early alerts” from some of your favorite conservative news sources, exclusive reports, network-only offers, and political content delivered straight to your inbox.

🇺🇸 #PatriotWatch2024 🇺🇸

The 2024 election 🇺🇸 is upon us, and it's crucial that we stay informed and united. Join us and show your support. Help to see that our democracy thrives!

Living Under Democratic Rule

A Survival Guide For Republicans, Conservatives, & Libertarians

Democrats hate the Constitution. They hate individual liberty. They hate freedom. But they didn’t just wake up this morning snarling and twirling their handlebar mustaches, born with an innate desire to be “the bad guys.”

Democrats’ hatred for your liberty has a driving force: the need to control

Living Under Democrat Rule will first take you a little deeper into what makes Democrats such a problem. Then we’ll explain how important it is to your well-being to be smarter than the Democrats.

Patriot Watchdog: Election 2024

Join For Updates & Show Your Support For Election 2024

(politics) Elect Form

— SUPPORT 2024 ELECTION —

Patriot Watchdog: News, Politics, Opinion & More

Stay in the loop! 📬 Join our community and get the latest updates, exclusive content, special offers and political content delivered straight to your inbox.

Subscription Form
Trump Campaign 2024 - Support For The Right @RedAsHell.com
(politics) Get the latest updates news and more politics content.

Patriot Watchdog: News, Politics, Opinion & More

Stay in the loop! 📬 Join our community and get the latest updates, exclusive content, special offers and political content delivered straight to your inbox. 

Exclusively for patriots who support viewpoints that lean towards a conservative or "right-wing" perspective. Members of this network support viewpoints that lean towards a conservative or "right-wing" perspective and believe in the importance of preserving traditional values and principles, and support commentary that reflects these beliefs.

What can you expect? You can expect to see news, commentary and content of a conservative nature, receive periodic newsletter emails (which you can turn on/off as you wish), optionally engage in meaningful discussions/share insights, gain access to exclusive tools/resources and stay informed about the latest developments in the US economy, news, and politics. Access is always 100% free and active participation is optional. 


Calling All Red Blooded Patriots...

Patriot Watchdog: election 2024
Are You IN Or Out?

Attention all red-blooded patriots! 🇺🇸 The 2024 election is upon us, and it's crucial that we stay informed and united. Join RedaShell's Patriot Watchdog to keep a vigilant eye on the proceedings and show your unwavering support. Stand with us, be the voice of the nation, and let's ensure our democracy thrives! #PatriotWatch2024"

JOIN OUR CONSERVATIVE NETWORK

GET CONSERVATIVE COMMENTARY & UPDATES DIRECTLY IN YOUR INBOX

Subscription Form

youir privacy is 100% protected