Appeals court blocks Biden from forcing emergency room doctors to perform abortionsBy Michael Gryboski
Wednesday, January 03, 2024
An appeals court has rejected the Biden administration’s effort to use a federal law to force emergency room doctors to perform abortions in Texas, upholding a lower court decision.
A three-judge panel of the United States Court of Appeals for the Fifth Circuit unanimously ruled Tuesday to continue an injunction against the Biden administration’s federal guidance requiring emergency room medical staff to perform abortions.
Circuit Judge Kurt D. Englehardt, a Trump appointee, authored the panel opinion, concluding that the federal Emergency Medical Treatment and Labor Act does not require hospitals to provide abortions.
“EMTALA does not govern the practice of medicine,” wrote Englehardt. “While EMTALA directs physicians to stabilize patients once an emergency medical condition has been diagnosed … the practice of medicine is to be governed by the states.”
“EMTALA does not mandate medical treatments, let alone abortion care, nor does it preempt Texas law. The injunction squarely enjoins HHS from enforcing the Guidance and Letter regarding these two issues within the State of Texas and against the plaintiff organizations.” ...
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