Tipsheet

Supreme Court Will Not Intervene in Texas 'Emergency Abortion' Case

On Monday, the United States Supreme Court declined to intervene in a case about “emergency abortions” in Texas, which has pro-life laws on the books forbidding abortion. 

According to the Associated Press, a court order stating that hospitals cannot be federally required to provide abortions when they violate the Texas law will stay for now, as a result (via AP):

It left Texas as the only state where the Biden administration is unable to enforce its interpretation of a federal law in an effort to ensure women still have access to emergency abortions when their health or life is at risk.

The justices did not detail their reasoning for keeping in place a lower court order, and there were no publicly noted dissents. Texas had asked the justices to leave the order in place while the Biden administration had asked the justices to throw it out.

In a statement, Texas Attorney General Ken Paxton (R) called the decision a “major victory.”

The Biden administration claimed that the Emergency Medical Treatment and Labor Act (EMTALA), which requires emergency rooms to provide stabilizing treatments for pregnant women when they are at risk, includes providing abortions. This statute, the Biden administration argued, pertains even in states where abortion is illegal if the hospital receives Medicare funding, as most do.

Predictably, left-wing abortion advocates, like Vice President Kamala Harris, believe that the protections ensured by Roe v. Wade should be restored. Roe allowed for nearly unlimited abortion. 

In a post on X on Monday, Harris mentioned Texas’ abortion ban, specifically, in a pro-abortion tirade.

“Because of extreme Trump Abortion Bans in states across the country, including Texas, Louisiana, and Georgia, women are facing horrific consequences to their health and lives—even death,” she claimed. 

“Let me be clear: Donald Trump is the architect of this health care crisis. He hand selected three Supreme Court Justices to overturn the protections of Roe v. Wade, and they did just as he intended. And women across our nation are suffering,” she continued.

“I will never stop fighting for a woman’s right to emergency medical care — and to restore the protections of Roe v. Wade so that women in every state have access to the care they need,” Harris concluded.