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Texas Judge Blocks Biden Administration Abortion Guidance for Hospitals

AP Photo/Brennan Linsley, File

On Tuesday, a federal judge in Texas blocked guidance from the Biden adminstration that requires hospitals to provide abortions in emergency situations regardless of the laws in the state. 


U.S. District Court Judge James Wesley Hendrix sided with Texas Attorney General Ken Paxton in the lawsuit over the Biden administration’s guidance. The judge enjoined the enforcement only in Texas, not nationwide, according to Reuters

Paxton shared the news on Twitter, calling it a win for moms, babies and the state's healthcare.

To recap, Townhall covered how Paxton said in a press release last month that “the Biden Administration seeks to transform every emergency room in the country into a walk-in abortion clinic.”

“EMTALA [Emergency Medical Treatment and Labor Act] does not authorize and has never been thought to authorize the federal government to require emergency healthcare providers to perform abortions,” it added.

Previously, Health and Human Services Secretary Xavier Becerra announced that doctors and hospitals must provide abortions under federal law if a pregnant woman is in an emergency situation and needs an abortion to be stabilized, Townhall covered.


“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Health and Human Services Secretary Xavier Becerra said in a statement to health care providers. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”

In the announcement, Becerra called abortion “life-saving care.” This was one of the latest moves from the Biden administration in response to the Supreme Court’s ruling overturning Roe v. Wade. 

In the majority opinion in the case, Dobbs v. Jackson Women’s Health Organization, the justices wrote that abortion is not protected in the U.S. Constitution and that Roe and Planned Parenthood v. Casey were both wrongly decided. 

"The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives," the opinion stated. 

Susan B. Anthony Pro-Life America President Marjorie Dannenfelser praised the ruling.


“The Biden administration’s attempt to force their extreme abortion agenda on states and coerce medical professionals to take the lives of their unborn patients is an abuse of the Emergency Medical Treatment and Active Labor Act. We commend Judge James Wesley Hendrix for standing firm against Biden’s illegal order,” Dannenfelser said. “The Emergency Medical Treatment and Active Labor Act protects mothers and babies, requiring stabilization for both patients, and every pro-life state law allows pregnant women to receive critical, life-saving medical care during an emergency.”

This story has been updated.

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