Joe Biden thought he had judges in his back pocket. Now he’s been completely blindsided.
Because a federal court smacks Biden with a devastating loss he may never recover from.
For years, the Left has been stacking the federal government with their appointees.
Under Bill Clinton and Barack Obama, at least 707 judicial appointments.
Do you think they only appointed the most qualified and unbiased candidates?
Well, it looks like they didn’t do nearly enough to transform the judiciary.
Because a federal appeals court panel ruled unanimously Tuesday that the Biden administration cannot compel emergency department doctors in Texas to conduct abortions in order to stabilize a patient.
The lawsuit arose from instructions released in July 2022 by the U.S. Department of Health and Human Services forcing doctors in jurisdictions like Texas, where most abortions are illegal, to comply with the Emergency Medical Treatment and Active Labor Act (EMTALA).
The federal statute of 1986 requires ER physicians to perform abortions as part of the stabilization treatment for an emergency medical condition.
The Biden administration’s guidance was challenged by Texas Attorney General Ken Paxton, the American Association of Pro-Life Obstetricians and Gynecologists, and the Christian Medical and Dental Associations.
“The question before the court is whether EMTALA, according to HHS’s Guidance, mandates physicians to provide abortions when that is the necessary stabilizing treatment for an emergency medical condition. It does not,” the ruling handed down by the U.S. Court of Appeals for the Fifth Circuit stated.
“We therefore decline to expand the scope of EMTALA.”
“EMTALA does not mandate medical treatments, let alone abortion care, nor does it preempt Texas law,” the three-judge panel — all appointed by Republican presidents — concluded.
The Fifth Circuit upheld a lower court judgment that barred Texas from enforcing the instruction.
“We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations,” the Fifth Circuit’s opinion stated.
The directive was released by the Biden administration in reaction to the Supreme Court’s June 2022 verdict that overturned Roe v. Wade, allowing states to restrict abortions.
Abortion is illegal in Texas if a fetal heartbeat is found unless it is necessary to save the mother’s life or the pregnancy poses “a serious risk of substantial impairment of a major bodily function.”
Abortion doctors in Texas face criminal penalties of up to life in prison and a $100,000 fine.
A federal judge in Idaho barred the state from enforcing an abortion ban last year, concluding that it violated EMTALA.
The Ninth Circuit Court of Appeals then delayed the lower court ruling awaiting Idaho’s appeal.
Stay tuned to the Conservative Column.
