NEW ORLEANS — The Biden administration cannot use a 1986 emergency care law to require hospitals in Texas hospitals to provide abortions for women whose lives are at risk due to pregnancy, a federal appeals court ruled Tuesday.
It’s one of numerous cases involving abortion restrictions that have played out in state and federal courts after the U.S. Supreme Court ended abortion rights in 2022. The administration issued guidance that year saying hospitals “must” provide abortion services if there’s a risk to the mother’s life, citing the Emergency Medical Treatment and Labor Act of 1986, which requires emergency rooms to provide stabilizing treatment for anyone who arrives at the emergency room.
Texas state courts have also been brought separate cases about when abortion must be allowed there, despite bans on it under most circumstances. The Texas Supreme Court ruled last month against a woman who asked for permission to abort a fetus with a fatal diagnosis. The same court heard arguments in November on behalf of women who were denied abortions despite serious risks to their health if they continued their pregnancies; the justices have not ruled on that case.
The 5th Circuit panel sided with Texas. The opinion said language in the 1986 emergency care law requires hospitals to stabilize the pregnant woman and her fetus.
In the appellate hearing last November, a U.S. Justice Department attorney arguing for the administration said the guidance provides needed safeguards for women, and that the district court order blocking the use of the guidance was an error with “potentially devastating consequences for pregnant women within the state of Texas.”
The panel that ruled Tuesday included Engelhardt and Cory Wilson, nominated to the court by former President Donald Trump, and Leslie Southwick, nominated by former President George W. Bush.
