Health Law Highlights

US Enforcement of Emergency Abortion Rule Halted in Texas

From Bloomberg Law, by Mary Anne Pazanowski and Ian Lopez:

  • The Fifth Circuit has ruled that the Biden administration’s guidance document, intended to protect abortion access nationwide, cannot be enforced due to a failure to follow proper rulemaking procedures.
  • The guidance document added new obligations under the Emergency Medical Treatment and Labor Act, rather than simply restating existing requirements.
  • The court’s decision limits the government’s ability to ensure that clinicians can provide necessary care, including abortion, in emergency situations.
  • The case highlights a conflict between the Biden administration’s pro-abortion stance and Texas law, which largely bans the procedure.
  • The decision has been met with concern from advocates for reproductive justice, who fear that access to abortion services will be further restricted.