Judge blocks enforcement of Biden abortion guidance in Texas
A federal judge in Texas has temporarily blocked the federal government from enforcing a legal interpretation that would require hospitals in the state to provide abortion services if the life of the mother is at risk
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A federal judge in Texas temporarily blocked the federal government from enforcing a legal interpretation that would require hospitals in the state to provide abortion services if the life of the mother is at risk.
Texas sued Department of Health and Human Services and Secretary Xavier Becerra last month, arguing that the Emergency Medical Treatment and Labor Act, which is a federal law, doesn't require doctors to provide abortions if doing so would violate a state law.
In a ruling Tuesday, U.S. District Judge James Wesley Hendrix temporarily blocked the government from enforcing the guidance, finding that the Emergency Medical Treatment and Labor Act “is silent as to abortion.”
"Since the statute is silent on the question, the Guidance cannot answer how doctors should weigh risks to both a mother and her unborn child," the judge's order said. “Nor can it, in doing so, create a conflict with state law where one does not exist. The Guidance was thus unauthorized.”
The Department of Health and Human Services issued the guidance in July, weeks after the U.S. Supreme Court ruled that abortion is not a constitutional right.
The agency cited requirements on medical facilities in the Emergency Medical Treatment and Labor Act to determine whether a person seeking treatment might be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment.
___
Find more AP coverage of the abortion issue: https://apnews.com/hub/abortion