Texas can ban emergency abortions despite federal guidance, court rules
theguardian.com
The ruling by a unanimous panel of fifth US circuit court of appeals comes amid a wave of lawsuits focusing on abortion exceptions
The US government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing Joe Biden’s administration of overstepping its authority.
The ruling by a unanimous panel of the fifth US circuit court of appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.
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And that’s absolutely correct. This has been a big point about “codify Roe” that Congress hasn’t addressed.
The tenth amendment says that if Congress is silent on a point, State’s get to weigh in.
This has been an ongoing thing that folks have indicated for Congress to fix especially since 1992 when we had Casey, when literally SCOTUS dropped the hint that Congress really needs to step up on this massive missive.
I don’t like the ruling, but it’s absolutely the correct one. Biden gave it a shot but this one is completely on Congress to fix. The President can’t unilaterally attempt to fill in a blank that States have already filled in.
It’s this same power that allows California to command a lot of their environmental programs, to deny it to Texas would destroy a ton of protections California has created.
Maddening as this particular ruling is, you’re right. I want a fair government above all else, and fairness isn’t compatible with hypocrisy.