New judicial setback for the Biden Administration: it cannot force Texas emergency doctors to perform abortions

The Fifth Circuit Court of Appeals sides with Christian medical associations and the Lone Star State against a federal law.

Manifestantes reclaman la prohibición del aborto. — (Unsplash)

Published by

Israel Duro

3 de enero, 2024

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The federal administration cannot by law force Texas emergency room doctors to perform abortions . And it is not the first time that Joe Biden's Executive has heard this sentence. The Fifth Circuit Court of Appeals confirmed the previous ruling of a lower court that indicated that the Medical Treatment and Emergency Labor Law could not be used (EMTALA) to force doctors to perform abortions at the mother's will in emergency rooms.

The federal law was taken to court by the State of Texas along with Christian medical organizations, the Association of Pro-Life Obstetricians and Gynecologists, and the Christian Medical and Dental Associations . The Court of Appeals ruled unanimously that "EMTALA does not mandate any specific type of medical treatment, much less abortion" and, above all, " does not grant an unconditional right to the pregnant mother to abort her child ."

EMTALA does not force doctors to perform abortions

In its decision in State of Texas v. Becerra , Secretary of Health and Human Services, the court held that EMTALA does not require emergency room doctors to perform abortions. However, he notes that EMTALA prevents hospitals from refusing to treat patients who cannot pay for emergency services, and requires hospitals to stabilize both pregnant women and unborn children in emergency cases.

EMTALA does not mandate any specific type of medical treatment, much less abortion. We agree with the district court that EMTALA does not grant a pregnant mother an unconditional right to abort her child, especially when EMTALA imposes the same stabilization obligations. The court thus rejected the Biden administration's attempt to "expand the scope of EMTALA."

"Doctors should not be forced to break the Hippocratic Oath"

The vice president of Strategic Initiatives of the Alliance Defending Freedom organization, Ryan Bangert, who represented medical associations before the judges, celebrated the ruling, pointing out that "doctors should not be forced to break the hippocratic oath, and they should not have to choose between violating their deeply held beliefs or facing steep financial penalties and being excluded from the Medicare program.”

Hospitals - especially emergency rooms - have the mission of preserving life. The 5th Circuit correctly ruled that the federal government does not have to transform them into abortion clinics. Physicians should not be forced to break the Hippocratic Oath, and they should not have to choose between violating their deeply held beliefs or facing steep financial penalties and being excluded from the Medicare program.” Emergency physicians can and do treat life-threatening illnesses, such as ectopic pregnancies. But elective abortion is not life-saving care – it ends the life of the fetus – and the government has no authority to force doctors to perform these dangerous procedures. We are pleased that the courts allow emergency services to fulfill their primary function: saving lives.