Appeals Court Smacks Down Biden Rule Forcing ER Doctors to Perform Abortions

Click here to read the full article.

Federal appellate judges provided a significant victory for the pro-life movement on Tuesday.

A panel of the 5th U.S. Circuit Court of Appeals ruled unanimously that the federal government cannot enforce guidance forcing doctors to perform abortions on emergency room patients, Reuters reported.

The legal challenge, which was brought by the office of Texas Attorney General Ken Paxton and two pro-life organizations, argued that the Biden administration’s guidance on the Emergency Medical Treatment and Labor Act overstepped the executive’s authority.

President Joe Biden’s Department of Health and Human Services issued the guidance in July 2022.

“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” HHS Secretary Xavier Becerra said in a statement at the time. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”

In his legal opinion, Circuit Judge Kurt Engelhardt — who was nominated to the court by former President Donald Trump — disagreed.

“EMTALA does not govern the practice of medicine,” Engelhardt wrote. “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.”

Continue reading here.

Scroll down for comments and share your thoughts!