5th Circuit Court Upholds Texas ER Abortion Ban

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Rejects the federal attempt to override state law.

The Fifth Circuit Court of Appeals unanimously ruled this week that federal guidance cannot override the Texas state law banning abortions in emergency room settings.

Texas is one of the states that ban emergency room abortions, allowing only life-threatening exceptions to the law. After the Supreme Court overturned Roe v. Wade in 2022, President Biden’s administration published a guidance called the Emergency Medical Treatment and Active Labor Act (EMTALA), which allows emergency room abortions even in states where that is against the law.

Texas sued the president’s administration over the guidance, and the Fifth Circuit Court sided with Texas. Judge Kurt Engelhardt wrote in the court’s opinion that even EMTALA “does not provide an unqualified right for the pregnant mother to abort her child.”

As the Lord Leads, Pray with Us…

  • For judges in the federal circuit courts as they consider state and federal challenges to the laws of the other governing authorities.
  • For state officials as they seek to provide constitutional protections under the federal republic system of governance in the United States.
  • With gratitude to God for the lives that laws like these defend.

Sources: Reuters, NY Times


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