In its Jan. 2 ruling, the U.S. Court of Appeals for the 5th Circuit upheld a lower court ruling that had already rebuffed the abortion-supporting Biden administration. The liberal administration planned to use a 1986 federal law, the Emergency Medical Treatment and Labor Act, to force a hospital to treat abortion as a protected emergency procedure.
That attempt to find abortion in the federal law did not fly in the federal courts since the law addresses the screening of patients, such as ability to pay, if a hospital accepts Medicare.
“EMTALA does not mandate any specific type of medical treatment, let alone abortion,” the appeals court wrote in its decision.
"The 5th Circuit affirmed that it is hospitals' and doctors' jobs to preserve life," Matt Bowman, an attorney with Alliance Defending Freedom, says of the appeals court ruling, which was unanimous.
ADF is representing the American Association of Pro-Life Obstetricians and Gynecologists, and the Christian Medical and Dental Associations, in a lawsuit to fight the Biden administration.
The State of Texas sued the Biden administration, too, and worked alongside ADF to fight. The case is State of Texas v. Becerra.
