A court ruled that the federal government cannot force Texas hospitals to carry out abortions, even in “emergency” scenarios.
A 5th U.S. Circuit Court of Appeals panel ruled unanimously in favor of Texas and two anti-abortion organizations, who sued President Joe Biden’s Department of Justice over a July 2022 guidance in the Emergency Medical Treatment and Active Labor Act, which said hospitals in states with abortion bans are allowed to carry out abortions in situations deemed emergencies.
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Circuit Judge Kurt Engelhardt, writing for the court, wrote that the Emergency Medical Treatment and Active Labor Act “does not provide an unqualified right for the pregnant mother to abort her child.”
The ruling backed a previous court’s ruling, which said the Emergency Medical Treatment and Active Labor Act didn’t say what to do in cases where there was a conflict between the life of the mother and the unborn child. Texas’s law, it held, “fills that void” by providing narrow exceptions dealing with the matter, Reuters reported.
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A federal judge ruled the opposite in Idaho last year, arguing that the state’s abortion ban conflicted with the Emergency Medical Treatment and Active Labor Act.
Texas’s lawsuit was brought forward by state Attorney General Ken Paxton, the American Association of Pro-Life Obstetricians & Gynecologists, and the Christian Medical & Dental Associations.
