Federal Appeals Court Upholds Texas Pro-Life Law

The U.S. Fifth Circuit Court of Appeals ruled on Tuesday that Texas can enforce its law banning emergency abortions, a move seen as a significant pushback against federal overreach into the regulation of abortion. The ruling comes as a direct challenge to the Biden administration’s interpretation of the Emergency Medical Treatment and Active Labor Act (EMTALA), solidifying the stance that states have the right to regulate medical procedures, including abortions, within their jurisdiction.

The unanimous ruling by the three-judge panel articulates that the EMTALA, a federal law governing emergency rooms, does not inherently include a provision for abortion, even in cases of medical emergencies. This interpretation challenges the Biden administration’s July 2022 guidance, which argued that EMTALA legally requires abortions to stabilize patients, even in states with strict abortion bans.

Circuit Judge Kurt Engelhardt wrote the opinion for the court, stating that EMTALA also includes a requirement to deliver an unborn child and that it is up to doctors to balance the medical needs of the mother and fetus while complying with any state abortion laws.

The court’s opinion also emphasizes the role of medical professionals in preserving life under Texas law. The public interest law firm Alliance Defending Freedom (ADF) represents the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Associations in the case. ADF Senior Vice President of Strategic Initiatives Ryan Bangert praised the decision, highlighting that emergency rooms are meant to save lives, not end them.

The Fifth Circuit’s ruling marks a divergence from a ruling in a similar case by the Ninth Circuit Court of Appeals that ordered Idaho physicians to perform abortions under EMTALA despite conflicting state law. The split in authority between two federal appellate circuits could support a decision by the Supreme Court to resolve the question uniformly across the nation.

Meanwhile, the Fifth Circuit ruling will likely have far-reaching implications pending a potential review by the high court. As things stand, the ruling is a strong statement of support for states’ rights under the doctrine of federalism and the spirit of the Supreme Court’s 2022 decision in Dobbs v. Jackson that overruled the 1973 Roe v. Wade decision that had recognized a constitutional right to end unborn life. Dobbs returned the authority to regulate, permit or ban abortion procedures to each state’s legislature to decide for its citizens individually.