Texas sued Department of Health and Human Services and Secretary Xavier Becerra last month, arguing that the Emergency Medical Treatment and Labor Act doesn't require doctors to provide abortions if doing so would violate a state law.
FILE - A sign reading"My body, my Choice," is taped to a hanger taped to a streetlight in front of the Idaho State Capitol Building on May 3, 2022. In Idaho, the U.S. Department of Justice has sued the Republican-led state over its abortion trigger law after arguing it violates a federal law requiring Medicaid-funded hospitals to provide"stabilizing treatment" to patients experiencing medical emergencies.
That’s because abortions in those cases appear to fall under a federal health care law requiring Medicare-funded hospitals to provide “stabilizing treatment” to patients, Winmill said. The U.S. Department of Justice sued the Republican-led state of Idaho earlier this month, saying the abortion ban set to take effect on Thursday violates the federal Emergency Medical Treatment and Labor Act . Idaho’s law criminalizes all abortions in “clinically diagnosable pregnancies,” but allows physicians to defend themselves in court by arguing the procedure was necessary to avert the death of the mother.
“At its core, the Supremacy Clause says state law must yield to federal law when it’s impossible to comply with both. And that’s all this case is about,” Winmill wrote. “It’s not about the bygone constitutional right to an abortion.”Department of Health and Human Services and Secretary Xavier Becerra last month, arguing the federal law commonly referred to as EMTALA doesn't require doctors to provide abortions if doing so would violate a state law.
"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.” “It’s wrong, it’s backwards, and women may die as a result. The fight is not over,” Jean-Pierre said in a statement.U.S. Supreme Court ruledThe agency cited EMTALA requirements on medical facilities 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 stabilizing treatment.
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