Judge blocks enforcement of Biden abortion guidance in Texas

[ificandream]

Source: Associated Press

LUBBOCK, Texas (AP) — A federal judge in Texas temporarily blocked the federal government from enforcing a legal interpretation that would require hospitals in the state to provide abortion services if the health or life of the mother is at risk.

Texas sued Department of Health and Human Services and Secretary Xavier Becerra last month, arguing that the Emergency Medical Treatment and Labor Act, a federal law commonly referred to as EMTALA, doesn’t require doctors to provide abortions if doing so would violate a state law.

In a ruling Tuesday, U.S. District Judge James Wesley Hendrix temporarily blocked the government from enforcing the guidance in Texas, saying the guidance would force physicians to place the health of the pregnant person over that of the fetus or embryo even though EMTALA “is silent as to abortion.” He also said the guidance couldn’t be enforced against members of two national anti-abortion medical organizations, the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Associations.

Performing an abortion creates an “emergency medical condition” in the fetus or embryo, the judge wrote.

Read more: https://apnews.com/article/abortion-health-texas-xavier-becerra-4ccc7296f015270b0dc66c64e975689c?utm_source=Connatix&utm_medium=HomePage

[RKP5637]

1. I guess they want women sent to death camps. This is all so F'ed it's unbelievable. How any

woman can vote for GOP assholes is beyond me. I just don't get the psychology behind their decisions to vote republican. And the republican party is gone. Today it's GOP, The Terrorist Party!

[iluvtennis]

11. YOu're spot on - how can any woman vote for the GQP.

[PSPS]

2. The judge, James Hendrix, is a trump appointee

[cstanleytech]

3. You know it sounds more and more like some of the federal monies destined to

the states most dependent on federal welfare (aka the deeper red states) need to be redirected.
That should include putting military bases in such states at the top of the next BRAC closings.

[Lonestarblue]

4. Imagine that--placing a woman's life above a fetus that will die if the woman dies.

I guess emergency rooms should just turn women away no matter the risks to life and health. This judge sounds like he believes in the concept of fetal personhood, which would confer full rights on a fetus and require women to do nothing that might endanger the fetus. Republicans are fighting to establish it as law, a truly sick and dangerous movement.

Women would not be allowed to take painkillers or have any treatment, like chemotherapy, because it would damage the fetus. So a pregnant woman in a car accident who needs emergency surgery to save her life could be allowed to die because the anesthesia required for surgery has a high chance of causing brain damage in the fetus.

This insanity is out of control when women have no rights even to emergency care.

[Warpy]

5. That judge is a total idiot

If I could see well enough, I'd run up some Grand Inquisitor robes for these sanctimonious assholes. I'm sure they'd prefer them to government robes.

Texas to the female half of its population: JUST DIE, ALREADY

[ificandream]

7. But then, that would cause quite a social disruption ...

... it would leave the raising of children strictly to the male population. Can you see some of these assholes stuck completely raising a baby from infancy? They couldn't handle it. (Or they'd hire someone ... another male ... LOL.)

[MissMillie]

6. I don't tet the whole "it's our state right to kill women" thing they have going on

so much for "pro-life"

[GreenWave]

8. I had a bizarre thought

Russia wants to turn women into birthing machines with a million rubles if she has 10.
The USA conservatives want to kill women.

If both succeed, Russia will overpopulate. More cannon fodder?

[FloridaBlues]

9. When we retake the house and senate they best codify Roe

The first thing. Carve out the filibuster for this as their first vote in January.

[Traildogbob]

10. Keep it the fuck up

You GQP judges. You are opening the flood gates on the damn with waters (pro choice voters) aT historical flood levels for the tsunami in November. Double down on ignorant and pro woman-murder. Keep it up Joe. This exposes them all.

[LetMyPeopleVote]

12. Texas GOP have BLOCKED efforts to ensure abortion access is available to SAVE THE LIFE OF THE MOTHER

Link to tweet

[Karma13612]

13. .....

😢😢😢🤬

[keopeli]

14. Appointed By: President Donald J. Trump

[Novara]

15. Is is even possible to block Federal guidance on anything in the states?

I thought Federal imperatives override state bullshit. Even if it isn't law passed by Congress, it's a Federal imperative.

How women can stand to live in that state is beyond me. It's clear women are considered nothing but breeding animals in Texas.

[FBaggins]

16. Yes - it's possible

The 10th Amendment wouldn't exist if there weren't some things that the federal government can't force on the states. That doesn't mean that this is one of them, but it clearly isn't true that just any federal guidance overcomes all state objections.

And there absolutely has to be a law passed by Congress. You can't get a "Federal imperative" without one.

The question in this case is whether a new interpretation of the law is correct and whether (assuming that it's correct) Congress would have had the power to make such a law to begin with.