Texas: Court Rules Abortions Not Required Under Emergency Guidance

    Texas: Court Rules Abortions Not Required Under Emergency Guidance
    Photo: Wikimedia Commons

    The Facts

    • The 5th US Circuit Court of Appeals on Tuesday rejected the Biden administration’s appeal of a district court ruling that prevented enforcement of the administration’s emergency care law guidance that said hospitals “must” provide abortion services if the mother’s life is at risk.

    • Texas, which has banned most forms of abortion since the US Supreme Court ended the federal right to abortions in 2022, joined with abortion opponents in suing to stop the guidance, which the administration took from the Emergency Medical Treatment and Labor Act (EMTALA) of 1986.

    The Spin

    Republican narrative

    When SCOTUS overturned Roe it returned the power to regulate abortions to the states. Federal guidance doesn’t supersede state law in this or any other matter. Texas’ abortion law contains exceptions to protect the life of the mother, but the federal government doesn’t have the right to mandate hospitals to perform specific medical procedures.

    Democratic narrative

    America should be outraged at how this ruling disregards the safety of women in life-threatening situations related to their pregnancy. This ruling essentially prevents hospitals from acting swiftly during an emergency lest they perform an abortion that doesn’t meet the state’s vague standards necessary for an exception to its abortion ban. This is shameful.

    Nerd narrative

    There’s a 5% chance that elective abortion will be banned nationally in the US before 2030, according to the Metaculus prediction community.

    Political split



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