"Courts Clash Over Abortion Rights in Texas, Setting Stage for Supreme Showdown"

The Fifth Circuit Court of Appeals, with judges appointed by Republican presidents, has controversially interpreted the Emergency Medical Treatment and Labor Act (EMTALA) to potentially exclude the requirement for hospitals to provide abortions in medical emergencies, despite the federal law's mandate to stabilize any patient's emergency medical condition. This interpretation could make it more dangerous for pregnant women in states with restrictive abortion laws, as it conflicts with EMTALA's preemption over state laws in medical emergencies. The case, Texas v. Becerra, challenges a nonbinding guidance by the Department of Health and Human Services, which the court should not have reviewed. The decision may be reviewed by the Supreme Court due to the disagreement between lower courts on the interpretation of EMTALA.
- The Fifth Circuit just made it even more dangerous to be pregnant in a red state Vox.com
- Federal appeals court blocks Biden administration from enforcing guidance meant to protect abortion access in Texas CNN
- Supreme Court teed up for biggest abortion case since Dobbs. Slate
- Court Rules Texas Can Ban Emergency Abortions Despite Federal Guidance The New York Times
- In Texas Case, Federal Appeals Panel Says Emergency Care Abortions Not Required By 1986 Law HuffPost
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