The women who made painful choices challenge Texas’s severe abortion ban
GuardianNOV 22 2023
SCOTUS Declines to Hear Texas Abortion Case
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The Facts
The US Supreme Court (SCOTUS) on Monday declined to hear the Biden administration's appeal regarding emergency room abortion care in Texas, leaving the lower US 5th Circuit Court of Appeals court ruling intact.
The case surrounds the federal Emergency Medical Treatment and Labor Act (EMTALA) of 1986, which requires hospitals to give emergency care regardless of a patient's ability to pay.
The lower court ruled that Texas, which has effectively banned all abortions with exceptions for the life of the mother, was not in violation of EMTALA. This prompted the Biden administration to issue a new EMTALA advisory saying the act includes performing abortions at hospitals that receive federal funds.
The Spin
Left narrative
SCOTUS' decision not to hear this case is unfortunate. Texas has effectively banned abortion, and its law's exceptions are written in vague terms to further inhibit women and their doctors. With over a dozen states having passed similar laws, it's incumbent upon the court system to step in and overturn these violations of basic rights.
Right narrative
Texas has the right to protect the state's unborn while there are unacceptable pro-abortion laws being passed elsewhere in the country. Democrats may support abortion on demand and want to nationalize such laws. But these procedures, not to mention abortion pills, both victimize the unborn and harm women.