The state of Texas sued the federal government after the Biden administration said hospitals must provide abortions to save a mother’s life. This comes weeks after the U.S. Supreme Court ended federal protections for abortion access.
In a letter to providers, the Department of Health and Human Services said medical facilities are required to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment. The letter says if abortion is the necessary treatment to stabilize the patient, it must be done.
But Texas officials disagree, and are asking a judge to set aside the Biden administration’s guidance and declare it unlawful. “On the contrary, EMTALA contemplates that an emergency medical condition is one that threatens the life of the unborn child,” the lawsuit says. “It is obvious that abortion does not preserve the life or health of an unborn child.”The fall of Roe put in motion Texas’ trigger law that will ban virtually all abortions in coming weeks.
Jonathan Turley, a professor at George Washington University School of Law, said it was surprising that the challenge came from a state government. “It’s usually the providers that would challenge any mandate of coverage that is not clearly established in federal law,” Turley said.
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