5th Circuit Court Rules Against Federal Mandate for Abortions in Emergency Care

The Supreme Court is expected to intervene as the issue continues to be debated in different appellate courts.

The 5th Circuit Court of Appeals ruled that the federal mandate requiring hospitals to stabilize patients in crisis does not include abortions, even when an abortion is the stabilizing care the patient needs.
The case stems from guidance issued by President Joe Biden’s Department of Health and Human Services reminding hospitals of their obligation to stabilize patients, even in states with anti-abortion regimes.
The 5th Circuit panel, composed of two Donald Trump appointees and one George W. Bush, proved amenable to the argument that the guidance was beyond the scope of the law.
The Supreme Court is likely to get involved at some point, as this issue is currently being debated in two different appellate courts.
In Idaho, the Biden administration has had more success pressing the EMTALA issue, arguing that the state’s ban runs afoul of EMTALA’s stabilization requirement.