Fair Housing in America and Texas:

U.S. Lawsuit Claims Federal Law Can Require Emergency Abortions

“…physician believes that a pregnant patient presenting at an emergency department, including certain labor and delivery departments, is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment." 5 In response, Texas Attorney General Ken Paxton sued the HHS, 6 alleging that EMTALA could not be used to impose a uniform medical standard of care across all U.S. states. The suit alleges, inter alia, that the HHS interpretation of EMTALA amounts to a new regulation that the HHS is not empowered to issue, or has not issued properly; that the HHS cannot lawfully condition receipt of Medicare funds on the provision of abortions; that the HHS is acting without sufficiently specific legislative delegation of authority; and that the use of EMTALA to force states to provide abortions violates the Tenth Amendment of the U.S. Constitution, which reserves to the states all powers not specifically given to the federal government in the Constitution.…”