Judge Ruled Joe Biden Can’t Force Texas Hospitals to Kill Babies in Abortions

Recently, the Biden Department of Health and Human Services (HHS) “announced new guidance and communication” claiming that “federal law preempts state abortion bans when needed for emergency care.” Secretary Becerra stated: “We are reinforcing that we expect providers to continue offering [abortion] services.”  In response to the new guidance, Texas filed suit against Secretary Becerra and HHS to prevent the Biden Administration from enforcing the new pro-abortion guidance. On August 23rd, a federal judge in Texas rejected the Biden Administration’s attempts to preempt the state’s abortion regulations.

The guidance that HHS issued is based on the Emergency Medical Treatment and Labor Act (EMTALA), which requires emergency room physicians to provide medical care regardless of a patient’s ability to pay, and mandates that ER physicians perform abortions in a medical emergency—as defined by EMTALA—if they believe it necessary to stabilize a pregnant woman. However, the decision, which applies only in the state of Texas, held that the HHS guidance “goes well beyond EMTALA’s text, which protects both mothers and unborn children, is silent as to abortion, and preempts state law only when the two directly conflict.” Since EMTALA does not address abortion, the judge ruled that the guidance cannot “create a conflict with state law where one does not exist,” thereby preventing the federal government from superseding a valid state law in Texas’s new abortion ban.

The pro-life victory in Texas was followed shortly thereafter by the decision of a federal judge in Idaho that stops the enforcement of Idaho’s new abortion ban. The ACLJ filed an amicus brief in this case, urging the court to deny the Department of Justice’s (DOJ) petition to enjoin the Idaho law. In our brief, we explained that the DOJ was merely trying to force “compliance with the [Biden] Administration’s preferred abortion policy by hauling a sovereign state into federal court seeking equitable relief for violations of EMTALA that may never occur.”… (Excerpt from LIFENEWS.COM)