Washington, Oct 9: A court order that says hospitals cannot federally be required to provide pregnancy terminations when they violate a Texas abortion ban will stay for now, the Supreme Court said on Monday.The decision is another setback for opponents of Texas’ abortion ban, which for two years has withstood multiple legal challenges, including from women who had serious pregnancy complications and have been turned away by doctors.
It left Texas as the only state where the Biden administration is unable to enforce its interpretation of a federal law in an effort to ensure women still have access to emergency abortions when their health or life is at risk.
The justices did not detail their reasoning for keeping in place a lower court order, and there were no publicly noted dissents. Texas had asked the justices to leave the order in place while the Biden administration had asked the justices to throw it out.
Texas Attorney General Ken Paxton called the decision “a major victory”.
The Biden administration argues that a federal law, called the Emergency Medical Treatment and Labor Act, or EMTALA, requires emergency rooms to provide abortions if a pregnant patient’s health or life is at serious risk, even in states where the procedure is banned. The law only applies to emergency rooms that receive Medicare funding, which most hospitals do.
The Supreme Court decision comes weeks before a presidential election in which Democratic nominee Kamala Harris has put abortion at the centre of her campaign, attacking Republican challenger Donald Trump for appointing judges to the high court who overturned nationwide abortion rights in 2022.
Texas Attorney General Ken Paxton called the decision “a major victory”.
The Biden administration argues that a federal law, called the Emergency Medical Treatment and Labor Act, or EMTALA, requires emergency rooms to provide abortions if a pregnant patient’s health or life is at serious risk, even in states where the procedure is banned. The law only applies to emergency rooms that receive Medicare funding, which most hospitals do.
The Supreme Court decision comes weeks before a presidential election in which Democratic nominee Kamala Harris has put abortion at the centre of her campaign, attacking Republican challenger Donald Trump for appointing judges to the high court who overturned nationwide abortion rights in 2022.