A federal appeals court has ruled that the Biden administration cannot enforce guidance instructing doctors to provide abortion care in medical emergencies, regardless of state laws. The ruling came in response to a lawsuit filed by Texas, challenging the Department of Health and Human Services’ (HHS) interpretation of the Emergency Medical Treatment and Active Labor Act (EMTALA). The HHS guidance, issued following the Supreme Court’s 2022 decision overturning Roe v. Wade, directed medical providers to offer abortion services when necessary to save a patient’s life. The court, however, determined that EMTALA does not mandate abortion as a stabilizing treatment for emergency medical conditions.
Judge Kurt Engelhardt, writing for the unanimous decision, clarified that EMTALA’s scope does not include specific medical procedures like abortion. This ruling aligns with a previous Texas federal judge’s decision in 2022 to block the Biden administration’s guidance. Additionally, the HHS had initiated investigations into two hospitals in Kansas and Missouri, alleging violations of this guidance. The Biden administration had also referenced EMTALA in challenging Idaho’s stringent abortion laws, which remains under appeal.
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