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First state to challenge Texas emergency abortion law in federal court post-Supreme Court decision by end of 2025?
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Supreme Court Declines Biden Appeal on Texas Emergency Abortion Law on October 7
Oct 7, 2024, 03:01 PM
The U.S. Supreme Court has declined to hear a Biden administration appeal concerning emergency room abortion care in Texas, leaving in place a lower court ruling from October 7 that bars hospitals from performing emergency abortions that violate the state's strict abortion ban. This decision upholds Texas' near-total ban on abortions, which allows for very limited exceptions. The ruling also leaves unresolved the broader legal question of whether federal emergency care laws, such as the Emergency Medical Treatment and Labor Act (EMTALA), can override state abortion restrictions in certain emergency situations. The ruling was upheld by the 5th Circuit.
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