In a unanimous decision, a panel from the 5th U.S. Circuit Court of Appeals ruled that the federal government cannot force Texas hospitals to perform abortions, even during emergency situations.
The decision was made in response to a lawsuit filed by the state of Texas and two pro-life organizations against the Department of Justice over its guidance in the Emergency Medical Treatment and Active Labor Act.
The guidance, issued in July 2022, stated that hospitals located in states with abortion bans could perform abortions in emergency situations. However, the court ruled that the Emergency Medical Treatment and Active Labor Act “does not provide an unqualified right for the pregnant mother to abort her child.”
Circuit Judge Kurt Engelhardt, who authored the decision, noted that Texas’ law fills the void left by the Emergency Medical Treatment and Active Labor Act by providing narrow exceptions in cases where there is a conflict between the life of the mother and the unborn child. This backed a previous court’s decision that stated the Emergency Medical Treatment and Active Labor Act did not address such conflicts.
The lawsuit was brought forward by state Attorney General Ken Paxton, the American Association of Pro-Life Obstetricians & Gynecologists, and the Christian Medical & Dental Associations. The ruling provides a significant victory for pro-life groups and underscores the ongoing legal battle over abortion rights in the United States.
In contrast, a federal judge ruled differently in a similar case in Idaho last year, arguing that the state’s abortion ban conflicted with the Emergency Medical Treatment and Active Labor Act. With the 5th Circuit’s decision, Texas hospitals are not required to provide emergency abortions, even in cases where the life of the mother is at risk.
