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A federal appeals court unanimously ruled against the Biden administration in a case that was to force emergency room doctors in Texas to perform abortions in order to stabilize the mother, thus giving doctors the freedom to make their own decisions about medical treatment.
The suit comes from guidance issued by the Department of Health and Human Services in July 2022 which required physicians in states such as Texas, where most baby killing has been outlawed, to be forced to comply with the Emergency Medical Treatment and Active Labor Act (EMTALA) established in 1986.
EMTALA requires ER doctors to provide abortion when necessary as part of stabilizing treatment for an emergency medical condition.
The American Association of Pro-Life Obstetricians & Gynecologists, along with Texas Attorney General Ken Paxton and the Christian Medical & Dental Associations challenged the Biden administration’s anti-Judeo-Christian guidance.
The American Association of Pro-Life Obstetricians & Gynecologists, along with Texas Attorney General Ken Paxton and the Christian Medical & Dental Associations challenged the Biden administration’s anti-Judeo-Christian guidance.
“The question before the court is whether EMTALA, according to HHS’s Guidance, mandates physicians to provide abortions when that is the necessary stabilizing treatment for an emergency medical condition. It does not,” the ruling handed down by the US Court of Appeals for the Fifth Circuit stated. “We therefore decline to expand the scope of EMTALA.”
“EMTALA does not mandate medical treatments, let alone abortion care, nor does it preempt Texas law,” the three-judge panel – all appointed by Republican presidents – concluded.
“EMTALA does not mandate medical treatments, let alone abortion care, nor does it preempt Texas law,” the three-judge panel – all appointed by Republican presidents – concluded.
Can I get an "Amen."
The fifth circuit upheld a lower court order blocking enforcement of the guidance in Texas.
“We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations,” the fifth circuit’s opinion stated.
The fifth circuit upheld a lower court order blocking enforcement of the guidance in Texas.
“We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations,” the fifth circuit’s opinion stated.
Judge Kurt Engelhardt sided with his colleagues on the Fifth Circuit that doctors must comply with state abortion laws.
The Biden administration, practically had a cow and issued the guidance in response to the Supreme Court’s June 2022 ruling which overturned Roe v. Wade, which gave back the rights of the states to either ban or allow abortions, but take it out of the hands of the federal government, where it never belonged in the first place.
Texas’ abortion law prohibits the procedure once a fetal heartbeat is detected unless it is necessary to save the mother’s life or the pregnancy presents “a serious risk of substantial impairment of a major bodily function.”
Doctors who kill unborn babies in Texas risk criminal penalties of up to life in prison and a $100,000 fine.
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