Tuesday’s ruling by a Texas federal appeals court means the Biden administration cannot utilize EMTALA of 1986 to require hospitals to provide emergency abortions for pregnant women in danger. A series of judicial disputes over abortion limitations followed the U.S. Supreme Court’s 2022 abortion ban. In 2022, the administration informed hospitals that they must give abortion services if the mother’s life is in danger, citing EMTALA.
Texas Abortion Cases Continue: Appeals Panel Rejects Biden Administration’s Emergency Care Law Use
Several state and federal abortion cases are pending. Although abortion is illegal, Texas state courts have ruled on when it is authorized. Last month, the Texas Supreme Court denied a woman’s request to terminate a fatally ill fetus. Other cases involving women denied abortions owing to substantial health risks are pending.
Several states, including Texas, challenged the administration’s emergency care legislation advice. The state sued to prohibit the guidelines, alleging that it removed requirements to treat the unborn child and allowed abortions without an emergency. The Biden administration appealed to the 5th U.S. Circuit Court due to Texas’ district court victory. Tuesday’s unanimous three-judge bench denied the appeal.
In light of EMTALA‘s equal stability requirements, the court highlighted that pregnant mothers’ right to abort is not unconditional. Texas law already allows abortions to save the mother, according to guidance opponents. Texas agrees that EMTALA requires hospitals to stabilize pregnant women and their fetuses.
READ ALSO: Threats to medication abortion access drive U.S. women to stockpile pills
Conflicting Circuit Opinions on Abortion Guidance as 5th Circuit Rejects Biden Administration’s Directive
The 5th Circuit panel rejected the direction, while the 9th Circuit accepted it in an Idaho case pending at the Supreme Court. In support of Texas’ arguments against the administration’s instructions, the 5th Circuit underscored EMTALA’s equal duty to stabilize both mother and fetus.
In the abortion rights case, conflicting circuit court opinions show how complicated the topic is. As the law changes, the Biden administration struggles to expand abortion care.
READ ALSO: In Texas case, federal appeals panel says emergency abortions not required by 1986 law
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