This should have women & caring men leaving the state!
Texas can ban emergency abortions despite federal guidance, court rules
Jan 2 (Reuters) - The U.S. government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing President Joe Biden's administration of overstepping its authority.
The ruling by a unanimous panel of the 5th U.S. Circuit Court of Appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.
...
Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, agreed, writing that EMTALA also includes a requirement to deliver an unborn child and it was up to doctors to balance the medical needs of the mother and fetus, while complying with any state abortion laws.
The law "does not provide an unqualified right for the pregnant mother to abort her child," he wrote.
The ruling upheld a lower court order that blocked enforcement of the guidance in Texas and also blocked the administration from enforcing it against members of two anti-abortion medical associations anywhere in the country.
The federal court's decision comes a month after Texas's highest state court ruled against a woman seeking an emergency abortion of her non-viable pregnancy. That court is currently considering a separate lawsuit by 22 women about the scope of the emergency medical exception to Texas's abortion ban.
A federal judge last year reached the opposite conclusion in a similar lawsuit in Idaho, blocking that state's abortion ban after finding it conflicted with EMTALA. The 9th U.S. Circuit Court of Appeals is expected to hear the state's appeal of that ruling later this month.
http://www.reuters.com/world/us/texas-can-ban-emergency-abortions-despite-federal-guidance-court-rules-2024-01-02/
Do something positive.
| 