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A federal appeals court found that Texas can restrict emergency abortions, even though federal regulation requires emergency room doctors to perform them if the mother’s life is in danger.
Texas can ban emergency abortions even if the mother’s life is in danger despite federal guidance, court rules (Photo: Google)
5th Circuit Affirms Texas Abortion Guidance Ban
A Texas lower court judgment banning federal abortion advice was affirmed by the 5th US Circuit Court of Appeals. In response to a lawsuit by Republican Attorney General Ken Paxton and anti-abortion medical groups, Texas can restrict emergency abortions even if the mother’s life is in danger. Abortion activists call the ruling “deeply disturbing” and “vicious cruelty,” while pro-lifers call it a “big win” for the state.
The legal controversy revolves around the Department of Health and Human Services’ instruction that medical practitioners must offer abortion services if the mother’s life is in danger. Texas officials argued that this guidance exceeded EMTALA of 1986. The Texas Supreme Court previously denied a fatal illness emergency termination order.
The 5th Circuit Court unanimously dismissed the Biden administration’s appeal, noting that EMTALA does not guarantee a pregnant mother an unrestricted right to abort. The administration was also barred from enforcing the guidance against two anti-abortion medical societies nationwide.
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Texas Abortion Ruling Sparks National Concerns
Critics say the law restricts life-saving care, while supporters say it protects unborn infants. Texas lawsuits join the greater wave of litigation across states with abortion bans, addressing medical emergencies and abortion rights.
Activists fear the verdict may weaken women’s reproductive rights and demand government intervention to restore Roe v. Wade. The 5th Circuit Court’s ruling illustrates the ongoing legal and ideological conflicts over US abortion regulations.
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