US Govt cannot impose ER abortions in Texas, appeals court rules

A US court has ruled that the Biden administration cannot force medics in Texas to carry out emergency room (ER) abortions.

Upholding an earlier decision, the U.S. Court of Appeals for the 5th Circuit rejected Government claims that the ‘Emergency Medical Treatment and Active Labor Act’ (EMTALA) required ER doctors to provide ‘elective abortions’ to stabilise the life of the mother.

The appeals court agreed with the plaintiffs – the State of Texas, the American Association of Pro-Life Obstetricians and Gynecologists, and the Christian Medical and Dental Associations – that EMTALA does not make ER abortions mandatory.

Saving lives

The court stated: “We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child”.

Ryan Bangert, of religious freedom organisation ADF International, the group representing the two medical associations, said the court was correct to rule that the federal Government “has no business” turning ERs into “abortion clinics”.

He added: “elective abortion is not life-saving care – it ends the life of the unborn child – and the government has no authority to force doctors to perform these dangerous procedures”.

Dramatic drop

Abortion figures have dropped dramatically in Texas following the US Supreme Court’s overturning of Roe V Wade in June 2022.

Between January and May 2022, more than 14,500 abortions took place in Texas. In the same period in 2023, this had fallen to just 22, a drop of almost 99.85 per cent.

The figures are a continuation of the sudden drop that was seen immediately after the law changed. In July 2022, 67 abortions took place, while in the previous month, 2,596 lives were lost to abortion.