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Texas Has Banned Emergency Abortions Spite of Court Rules And Federal Guidance
Recently, it has been noted that the US government has no ability to enforce federal guidance within Texas. This is for the purpose of requiring emergency room doctors to perform abortions if required for the stabilization of emergency patients.
This matter was ruled within a federal court on Tuesday that has sided with Texas. Moreover, the state where there has been an existing lawsuit that accuses Biden’s administration of overstepping its power.
A unanimous panel of the 5th US Circuit Court of Appeals has passed the ruling. This has been raised while a wave of lawsuits have been focusing on when abortions are being provided in states where the ban has been implemented. But, with the exception of performing abortions for medical emergencies.
The US Department of Justice has denied to comment on the matter. Similarly, the office of Texas Attorney General Ken Paxton, along with two anti-abortion medical associations, have challenged the guidance.
On the other hand, the administration of Biden, in July 2022, issued guidance stating that the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal legislation, is necessary for the stabilization of medical emergency patients requiring an abortion. This is also applicable to states having a ban on abortion.
This guidance came soon after the US Supreme Court toppled its landmark Roe v Wade judgment, which guaranteed the right to abortion across the US. Moreover, Texas, along with associations, has immediately sued the administration, stating that the direction had hindered the state’s right to ban abortion.
Further, the federal court’s decision came a month after the highest state court in Texas had ruled against a woman seeking an emergency abortion regarding her non-viable emergency.
The court is currently involved in considering a separate lawsuit by 22 women about the scope of the emergency medical exception towards the state’s ban on abortion.
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