UPHELD

Court Allows Texas to Ban Emergency Abortions Despite Federal Guidance

The decision is a loss for the Biden administration, which had sought to enforce guidance meant to protect abortion access in life-threatening or health-saving situations.

A federal appeals court ruled Tuesday that Texas is free to place a ban on emergency abortions despite federal guidance by President Joe Biden’s administration demanding otherwise. After the Supreme Court’s reversal of Roe v. Wade, Biden’s team in 2022 pushed for federal guidance to be followed to protect abortion access in life-threatening or health-saving situations, arguing emergency abortions must be allowed under the same 1986 law that forces hospitals to provide stabilizing treatment for anyone who arrives at the emergency room. Texas filed a lawsuit against the federal government, which a district judge sided with in 2022 to uphold Texas’ total ban. The United States Department of Health and Human Services appealed the decision, which brought the issue to the 5th U.S. Circuit Court of Appeals last year. On Tuesday, a pair of appeals court judges appointed by Donald Trump, and a third appointed by George W. Bush, ruled unanimously to uphold the district court’s decision that gives Texas the power to enforce a total ban.