Federal Appeals Court Blocks Biden Administration Cannot Force Texas Doctors To Perform Emergency Abortions

Wagswoofs –  A federal appeals court panel of judges unanimously ruled on Tuesday that the Biden administration cannot force emergency room doctors in Texas to perform abortions in order to stabilize a patient.

In July 2022, the Department of Health and Human Services issued guidance that sparked a lawsuit. The guidance mandated doctors in states like Texas, where most abortions are now illegal, to adhere to the Emergency Medical Treatment and Active Labor Act (EMTALA).

Under the 1986 federal law, emergency room physicians are obligated to offer abortion services as part of the necessary treatment for an emergency medical condition.

The guidance issued by the Biden administration has been challenged by Texas Attorney General Ken Paxton, the American Association of Pro-Life Obstetricians & Gynecologists, and the Christian Medical & Dental Associations.


According to the ruling handed down by the US Court of Appeals for the Fifth Circuit, the question at hand is whether EMTALA, as per HHS’s Guidance, requires physicians to offer abortions as the necessary stabilizing treatment for an emergency medical condition. The court firmly states that it does not mandate such action and chooses not to broaden the scope of EMTALA.

According to the three-judge panel, who were all appointed by Republican presidents, EMTALA does not require medical treatments or abortion care, nor does it override Texas law.

The Fifth Circuit has upheld a lower court order that blocks the enforcement of the guidance in Texas.

According to the fifth circuit’s opinion, it is agreed that EMTALA does not grant an unrestricted right for a pregnant mother to terminate her pregnancy, especially considering that EMTALA imposes equal obligations for stabilizing the patient.


In response to the Supreme Court’s ruling in June 2022, which overturned Roe v. Wade and allowed states to ban abortions, the Biden administration has issued new guidance.

Texas has implemented a law that restricts abortions once a fetal heartbeat is detected. However, there are exceptions to this rule in cases where the mother’s life is in danger or when the pregnancy poses a serious risk to her major bodily functions.

Performing abortions in Texas can result in severe consequences for doctors, including potential life imprisonment and a hefty fine of $100,000.

In a recent development, a federal judge in Idaho has issued a ruling that prevents the state from implementing its abortion ban. The judge determined that the ban was in conflict with the Emergency Medical Treatment and Active Labor Act (EMTALA). This decision serves as a significant setback for the state’s efforts to enforce stricter regulations on abortion procedures.

The lower court ruling was later suspended by the Court of Appeals for the Ninth Circuit, pending Idaho’s appeal.

Leave a Reply

Your email address will not be published. Required fields are marked *