A federal appeals court said on Tuesday that emergency rooms are not required by federal requirements to perform life-saving abortions if doing so would violate state law.
Following the June 2022 overturn of Roe v. Wade, hospitals received guidelines from the U.S. Department of Health and Human Services reminding them of their duty to provide stabilizing treatment, which includes medically necessary abortions, by the Emergency Medical Treatment and Labor Act (EMTALA).
The court documents state that the federal statute “does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations.”
The opinion states, The Texas plaintiff’s argument that medical treatment is historically subject to the police power of the States, not to be superseded unless that was the clear and manifest purpose of Congress, is convincing.”
Cory Wilson heard the appeal, in addition to Judge Leslie H. Southwick, who was appointed by President George W. Bush. The federal guidelines, according to Judge Engelhardt, “do not mandate any specific type of medical treatment, let alone abortion.” She continued, saying that doctors are not required to perform emergency abortions.
The 5th district federal appeals court has ruled that ERs are not required to perform life-saving abortions if it would run afoul of Texas state law.
Texas is simultaneously arguing that a fetus has rights greater than the mother, and that a Texas Prison guard who lost her child…
— Qasim Rashid, Esq. (@QasimRashid) January 3, 2024
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