Doctors in Texas are no longer required to perform abortions when medically necessary under federal law as a federal judge blocked the Biden Administration's guidance requiring hospitals in the state to perform abortions in medical emergencies even if they conflict with the state's abortion ban.
A group of people march to the White House.
Texas sued the Biden Administration after it released guidance for healthcare providers in July stating they "Must provide" abortions when it's medically necessary under the federal Emergency Medical Treatment and Active Labor Act.
A preliminary injunction was issued by the U.S. District Judge to block the guidance as the case moves forward, but only for Texas and doctors who are members of two anti- abortion medical groups.
Doctors in other states who don't belong to one of the two medical groups will still have to provide abortions.
The administration should have had a period where the guidance was subject to public comments before it went into effect, according to Hendrix.
The Department of Health and Human Services did not respond to the request for comment.
In cases where the pregnant person's life is at risk or there is a serious risk of substantial impairment of a major bodily function, Texas will outlaw all abortions. Thetrigger law will increase the criminal penalties for performing an abortion against the law by making it a first degree felony if the fetus dies, which will make it harder to get an abortion.
What are the opinions of other courts about EMTALA and abortion? A federal judge signaled during a hearing Monday that he was likely to side with the federal government and block Idaho's abortion ban as it applies to medical emergencies. The ruling is expected on Wednesday. The only lawsuit the Biden Administration has filed against a state's abortion ban is the one in Idaho.
According to reports, state abortion bans have resulted in pregnant women not receiving emergency medical treatment even if they have a serious problem. Hospitals are required to provide abortions if it is necessary for the pregnant person's health, even if the risks are not life threatening, if they don't comply with the guidance. The HHS guidance is one of the key parts of the Biden Administration's response to the Supreme Court.
The Biden administration is being sued by the state of Texas for requiring abortions during medical emergencies.
HHS says hospitals need to offer abortions in emergencies in states where it is illegal.
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