Federal appeals court blocks Biden admin bid to require ER doctors to perform abortions

A federal appeals court on Tuesday sided with a coalition of Christian medical professionals who had objected to guidance from the Biden administration requiring that emergency room doctors perform abortions.

The American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Associations, as well as the state of Texas, had challenged the Department of Health and Human Services guidance and secured an initial win at the lower court, blocking the guidance.

The 5th U.S. Circuit Court of Appeals on Tuesday unanimously upheld that decision, according to the Alliance Defending Freedom, which represented the associations.

Specifically, HHS had insisted that the Emergency Medical Treatment and Active Labor Act (EMTALA) required doctors to perform such procedures, though the court determined that the act prevented hospitals from refusing emergency services to those unable to pay and did not mandate specific treatments.

"EMTALA does not mandate any specific type of medical treatment, let alone abortion," the three-judge panel determined. "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."

ADF Senior Vice President of Strategic Initiatives Ryan Bangert celebrated the win in a press release, saying "[d]octors shouldn't be forced to break the Hippocratic Oath, and they shouldn’t have to choose between violating their deeply held beliefs or facing stiff financial penalties and being barred from the Medicare program."

"Emergency room physicians can, and do, treat life-threatening conditions such as ectopic pregnancies. But elective abortion is not life-saving care—it ends the life of the unborn child—and the government has no authority to force doctors to perform these dangerous procedures. We are pleased that the courts are allowing emergency rooms to fulfill their primary function—saving lives," he concluded.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.