Fifth Circuit: Biden Admin Can’t Use This Federal Law to Force ER Doctors to Kill Unborn Babies

Leftists saw red (pun intended) when the U.S. Supreme Court overruled Roe v. Wade and Planned Parenthood v. Casey in 2022.

The issue of killing unborn babies for convenience returned to the states, but the Biden administration tried to continue the atrocity at the federal level. The state of Texas and groups of medical professionals filed a lawsuit to stop it.

President Joe Biden signed an executive order “securing access” to abortions, citing the Emergency Medical Treatment and Labor Act (EMTALA) to force ER doctors to do the dirty work. The order states that EMTALA requires doctors to provide stabilizing care “including abortion, if that care is necessary to stabilize their emergency medical condition…”

What emergency care looks like is up to the medical professionals.

A lower court said that EMTALA does not require ER doctors to provide elective abortions. Alliance Defending Freedom (ADF), the medical professionals’ legal counsel, on Tuesday announced that the U.S. Court of Appeals for the Fifth Circuit agreed with the lower court.

“EMTALA does not mandate any specific type of medical treatment, let alone abortion,” the court wrote (PDF).

The court also agreed that EMTALA “does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations.”

ADF is pleased for its clients.

“Hospitals—especially emergency rooms—are tasked with preserving life,” said ADF Senior Vice President of Strategic Initiatives Ryan Bangert. “The 5th Circuit correctly ruled that the federal government has no business transforming them into abortion clinics.”

Photo credit: American Life League (Creative Commons) – Some rights reserved

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