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Texas Attorney General Ken Paxton Wednesday overturned a federal judge’s decision that temporarily blocked the Biden administration from forcing hospitals to provide abortion services when a mother’s health or life is in danger. welcomed.
Paxton filed a lawsuit against the US Department of Health and Human Services in July and sought an injunction earlier this month. In Paxton’s lawsuit, he generally argued that the Emergency Medical and Labor Act, a federal law called EMTALA, does not require doctors to perform abortions in violation of state law.
In Tuesday’s ruling, U.S. District Judge James Wesley Hendricks temporarily blocked the government from implementing the guidance in Texas, saying that EMTALA “despite being silent about it, the guidance does not allow doctors to It forces pregnant women to prioritize the health of the pregnant person over the health of the fetus or embryo.” abortion. ”
Paxton called the court’s decision to side with Texas “to prevent Joe Biden and his radical pro-abortion administration from breaking the law and threatening our entire healthcare industry by withholding federal funding.” It was called “an important step in
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Paxton said, “We will not allow left-wing bureaucrats in Washington to turn hospitals and emergency rooms into walk-in abortion clinics. Last night’s decision proves we knew all along: the law. is on our side’ . . Protect mothers and children in Texas.”
In its decision, the court extended beyond EMTALA-sanctioned Texas by revoking the requirement that the welfare of the unborn child be considered in determining how to stabilize a pregnant woman, and explicitly to the contrary. Despite the provision, it claimed to preempt state law and concluded that it was obstructing state law. Any medical practice that violates Medicare laws.
The Department of Health and Human Services said it is reviewing legal decisions to determine next steps. HHS issued the guidance in July, weeks after the U.S. Supreme Court ruled abortion was not a constitutional right.
Authorities will determine if a person seeking treatment is in labour, or is facing an urgent health condition, or is likely to develop into an emergency, and provide stabilizing care. To do so, we have cited the EMTALA requirements for healthcare facilities.
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Texas argues that the EMTALA guidelines also violate the Religious Freedom Restoration Act, and that some laws act in persuasive government interests when they affect an individual’s religious freedom. states that it must be strictly adjusted to
The Associated Press contributed to this report.