https://www.commondreams.org/news/5th-circuit-texas-abortion
'Deeply Disturbing': Federal #Court Rules #Texas Can Ban Emergency #Abortions
JAKE JOHNSON
Jan 03, 2024
..."The conservative-dominated 5th Circuit Court of Appeals ruled late Tuesday that Texas #hospitals and #physicians are not required by federal law to perform abortions under emergency circumstances.
The 25-page decision stems from a legal challenge that Texas filed in response to guidance issued in July 2022 by the U.S. Health and Human Services Department. The guidance states that the Emergency Medical Treatment and Active Labor Act (EMTALA) "protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations."
"If a state law prohibits abortion and does not include an exception for the health or life of the pregnant person—or draws the exception more narrowly than EMTALA's emergency medical condition definition—that state law is preempted," reads the guidance, which was published shortly after the U.S. Supreme Court struck down Roe v. Wade.
Texas sued the federal government days after the guidance was released, arguing that the Biden administration was attempting to "compel healthcare providers to perform abortions." In August 2022, a federal judge blocked the guidance from taking effect in Texas, where state law allows private individuals to sue abortion providers and those who help people obtain abortions.
On Tuesday, a three-judge panel of the 5th Circuit—including two appointees of former President Donald Trump—affirmed the judge's decision. The U.S. Justice Department can appeal the ruling.
...
"We're seeing far-right judges working to deny women emergency abortion care even when their lives are in danger," said Murray, a lead sponsor of the Women's Health Protection Act. "Every American should be outraged at the never-ending crusade by Republicans to force women to stay pregnant no matter what—the bottom line is that we need a pro-choice majority in Congress that will restore Roe and every woman's right to abortion and stop politicians from interfering in private health care decisions that should be made by women and their doctors."
