The Biden administration issued guidance last week saying physicians must provide abortions under federal law if it’s necessary for the patient’s health.
requiring physicians to perform abortions when medically necessary under federal law, one of the key ways the federal government has sought to blunt the impact of states’ abortion bans after the overturning of Roe v. Wade.AFP via Getty ImagesTexas sued the Department of Health and Human Services, HHS Secretary Xavier Becerra and other federal health officials in federal court over the HHS
, which stated physicians “must provide” abortions when it’s clear it is the “stabilizing treatment necessary” to a patient that’s undergoing a medical emergency.hospitals to treat patients suffering from emergency medical conditions, and said the law preempts state law, meaning physicians would be required to perform abortions even when it could violate a state’s ban on the procedure.
If they do not follow the guidance, hospitals risk fines or being no longer able to participate in Medicare and Medicaid programs. Texas argues EMTALA has no express protections for abortion and HHS is acting unlawfully and exceeding its authority by claiming it does, and asked the court to block the guidance.
As one of the states with an abortion ban in place, Texas argues the guidance violates its state authority and forces hospitals “to choose between violating state law under threat of criminal penalty or jeopardizing their ability to participate in Medicaid.”“No federal statute confers a right to abortion,” the lawsuit states. “EMTALA is no different.
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