The Biden administration threatened to revoke the funding of hospitals that refuse to commit abortions on women in life-threatening situations. It argued that federal guidelines under the Emergency Medical Treatment and Labor Act (EMTALA) override any state laws that prohibit all abortions without exception. Currently, there are no state laws that prohibit abortion in absolutely all circumstances. State laws all include exceptions to save the life of the mother.
It is also worth noting that the legal definition of abortion under any codified law is the intentional killing of a preborn child. Providing lifesaving care that is not primarily intended to end the life of an unborn child (such as chemotherapy, emergency preterm delivery, or treating an ectopic pregnancy) is not legally considered abortion under any current statutes.
Texas's lawsuit asks a federal district court to block Biden's new abortion requirement; arguing that EMTALA does not create a right to abortion. “EMTALA does not mandate access to abortion or codify a right to an abortion as ‘stabilizing treatment’ for an ’emergency medical condition.’” Texas Attorney General Ken Paxton said. “The Abortion Mandate cites no other federal law that would authorize or require an abortion. No federal statute, including EMTALA, supersedes or preempts the States’ power to regulate or prohibit abortion.”
