The judge said the federal guidelines were an overreach.
LUBBOCK, Texas — A federal judge in Texas temporarily blocked the federal government from enforcing a legal interpretation that Department of Health and Human Services and Secretary Xavier Becerra last month, arguing that the Emergency Medical Treatment and Labor Act, a federal law commonly referred to as EMTALA, doesn’t require doctors to provide abortions if doing so would violate a state law.
“Since the statute is silent on the question, the Guidance cannot answer how doctors should weigh risks to both a mother and her unborn child,” the judge’s order said. “Nor can it, in doing so, create a conflict with state law where one does not exist. The Guidance was thus unauthorized.” “It’s wrong, it’s backwards, and women may die as a result. The fight is not over,” Jean-Pierre said in a prepared statement. “The President will continue to push to require hospitals to provide life-saving and health-preserving reproductive care.”U.S.
Texas clinics have already stopped offering nearly all types of abortion because of uncertainty over whether the state’s 1925 ban can be enforced. The state also has a ban on abortions , which is generally about six weeks into a pregnancy and often before a woman realizes she’s pregnant. Even in cases where the pregnancy does threaten the life of the mother, Texas law generally requires physicians to choose procedures that maximize the chances that the fetus will survive, the judge wrote.
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