5th U.S. Circuit Court of Appeals Upholds Texas Ban on Emergency Abortions Despite Biden Administration Guidance

A federal appeals court ruled Tuesday that Texas can ban emergency abortions, despite the U.S. Department of Health and Human Services’ guidance that hospitals “must” provide abortion services if there’s a risk to the mother’s life. This ruling is part 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 5th U.S. Circuit Court of Appeals affirmed a district court’s ruling that sided with Texas Attorney General Ken Paxton. The ruling was based on 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.

The Biden administration argued that the 1986 emergency care law should be used to require hospitals in Texas to provide abortions for women whose lives are at risk due to pregnancy. However, the court ruled that the law does not supersede state laws prohibiting the procedure.

The ruling is the latest in a series of cases involving abortion restrictions in Texas. The state has been at the center of the debate over abortion rights since the Supreme Court’s ruling in 2022. The court’s decision has been met with both praise and criticism from both sides of the debate. It remains to be seen how the ruling will affect the future of abortion rights in the state.