According to New Law Texas Can Ban Certain Emergency Abortions

A federal appeals court said that Texas hospitals cannot be forced to perform emergency abortions to save a patient's life, even though federal advice says they should not.

Along with the American Association of Pro-Life Obstetricians & Gynecologists and the Christian Medical and Dental Associations, the 5th U.S. Circuit Court of Appeals decided in favor of Texas Attorney General Ken Paxton. The judges wrote in their ruling that the Biden Administration's guidance—which says that hospitals that get Medicare must provide abortions if they are medically necessary to stabilize the patient—goes beyond what it's supposed to do and is against state laws.

Certain Emergency Abortions in TexasPhoto byAxios

Appeals can be made to circuit courts, and either side can ask the U.S. Supreme Court to hear the case. In an email to TIME on Wednesday, the Justice Department said they would not say anything.

In Texas, abortions are still illegal unless the pregnant woman is "at risk of death or poses a serious risk of substantial impairment of a major bodily function." This decision means that things will stay the same. After the U.S. Supreme Court's decision in 2022 in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and made abortion legal across the country, this is the biggest state in the country to pass restrictive abortion laws.

Ryan Bangert, Senior Vice President of Strategic Initiatives at Alliance Defending Freedom and an advocate for the two medical groups in court, said in a statement that "hospitals, especially emergency rooms, are tasked with preserving life." The 5th Circuit made the right decision when it said that the federal government has no right to turn them into abortion centers.

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