Appeals court rejects Biden admin attempt to force ER doctors to perform abortions

NEW ORLEANS – In a pivotal victory for women, children, and healthcare professionals, the U.S. Court of Appeals for the 5th Circuit ruled Tuesday that the Biden administration cannot illegally use federal law to force emergency room doctors to perform abortions.

ADF attorneys representing the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Associations, alongside the state of Texas, asked the court to keep in place a lower court ruling halting the Biden administration from employing the Emergency Medical Treatment and Labor Act to force doctors to provide elective abortions in emergency rooms. The appeals court unanimously agreed.

“Hospitals—especially emergency rooms—are tasked with preserving life. The 5th Circuit correctly ruled that the federal government has no business transforming them into abortion clinics,” said ADF Senior Vice President of Strategic Initiatives Ryan Bangert, who argued before the court. “Doctors shouldn’t be forced to break the Hippocratic Oath, and they shouldn’t have to choose between violating their deeply held beliefs or facing stiff financial penalties and being barred from the Medicare program. Emergency room physicians can, and do, treat life-threatening conditions such as ectopic pregnancies. But elective abortion is not life-saving care—it ends the life of the unborn child—and the government has no authority to force doctors to perform these dangerous procedures. We are pleased that the courts are allowing emergency rooms to fulfill their primary function—saving lives.”

In its decision in State of Texas v. Becerra, the court held that the Emergency Medical Treatment and Labor Act does not require emergency room physicians to provide abortions. Instead, EMTALA prevents hospitals from refusing to treat patients who are unable to pay for emergency services—requiring hospitals to stabilize both pregnant women and unborn children in emergencies.

“EMTALA does not mandate any specific type of medical treatment, let alone abortion,” the court wrote. “We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations.” The court thus rejected the Biden administration’s attempt to “expand the scope of EMTALA.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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