(Congressional Agenda) – The Biden administration has consistently been attempting to overstep their constitutional bounds at every opportunity that arises. Fortunately, there’s at least one area where they won’t be able to stretch out the evil, vile hand of big government, and that’s abortion in Texas. I mean, they probably should have known better than to try and mess with Texas to begin with, especially after the battle they’ve had with them over immigration. Maybe one day they’ll learn their lesson.
According to the New York Post, “A panel of judges on a federal appeals court unanimously ruled Tuesday that the Biden administration can’t compel emergency room doctors in Texas to perform abortions in order to stabilize a patient. The lawsuit stemmed from guidance issued by the US Department of Health and Human Services in July 2022 requiring doctors in states such as Texas, where most abortions have been outlawed, to comply with the Emergency Medical Treatment and Active Labor Act (EMTALA).”
The federal law, which went into effect back in 1986, states that physicians in the emergency room are required to perform the heinous act of abortion as part of stabilizing treatment for emergency medical conditions. The guidance issued by Biden’s administration was challenged head-on by the American Association of Pro-Life Obstetricians & Gynecologists and the Christian Medical & Dental Associations, along with Texas Attorney General Ken Paxton.
“The question before the court is whether EMTALA, according to HHS’s Guidance, mandates physicians to provide abortions when that is the necessary stabilizing treatment for an emergency medical condition. It does not,” the ruling which was given by the US Court of Appeals for the Fifth Circuit went on to say. “We therefore decline to expand the scope of EMTALA.”
“EMTALA does not mandate medical treatments, let alone abortion care, nor does it preempt Texas law,” the three-judge panel — with judges appointed by Republican presidents — finished in the ruling.
The Fifth Circuit then upheld a lower court order that blocked the guidance from being enforced in the state of Texas.
“We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations,” the Fifth Circuit’s opinion declared.
The guidance was issued by the administration as a response to the U.S. Supreme Court finally making the right call and overturning the deplorable Roe v. Wade decision, returning the topic of abortion to state governments. Abortion laws in the Lone Star State forbid procedures once a heartbeat is detected, unless the procedure is necessary to save the life of the mother or the continued pregnancy results in a “serious risk of substantial impairment of a major bodily function.”
A doctor who performs an abortion in the state could potentially face a life sentence and a $100,000 fine.
“Last year, a federal judge in Idaho blocked the state from enforcing its abortion ban, ruling that it conflicted with EMTALA. The Court of Appeals for the Ninth Circuit later suspended the lower court ruling pending Idaho’s appeal,” the report concluded.
Abortion is murder. Plain and simple. It’s an act that snuffs out the light of a human being, a denial of the most basic fundamental God-given right a person has: life. Action has to be taken in order to ensure the life of the unborn is preserved. If we cannot protect the rights of our most vulnerable citizens, we cannot protect them for ourselves either.
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