Texas sues health secretary over emergency abortion guidance

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Texas sues health secretary over emergency abortion guidance
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The state of Texas sued the federal government Thursday after the Biden administration said federal rules require hospitals to provide abortions if the procedure is necessary to save a mother’s life.

In a letter to providers, the Department of Health and Human Services said medical facilities are required to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment. The letter says if abortion is the necessary treatment to stabilize the patient, it must be done.

But Texas officials disagree, and are asking a judge to set aside the Biden administration’s guidance and declare it unlawful. “On the contrary, EMTALA contemplates that an emergency medical condition is one that threatens the life of the unborn child,” the lawsuit says. “It is obvious that abortion does not preserve the life or health of an unborn child.”

“It is dangerous to be pregnant in Texas,” said Laura Hermer, a professor at Mitchell Hamline School of Law in St. Paul, Minnesota. “People who are pregnant are going to die in Texas because of the position Texas is taking on this issue. This is not pro-life. There is nothing pro-life about this.”

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