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.
A lower court judge in August 2022 agreed, finding that Emtala was silent as to what a doctor should do when there is a conflict between the health of the mother and the unborn child
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.
What’s the hypocrisy?
Encouraging the rule of law when it’s applied to others, but being all about “individual freedom” and expecting special treatment when the law is applied to me. That’s what hypocrites do.
What I want are fair laws that are applied evenly to everyone. Then, at least I know that the system is just and reasonable, even if I personally don’t like the outcome of a particular case.
This sounds like another one of those “well the state has no obligation to actually protect its citizens. So therefore you can’t force us to provide life saving procedures.” I am a dude and this just boils my blood. Maybe there is just no fixing that god forsaken state. Texas, Florida and Idaho.
This sounds like another one of those “well the state has no obligation to actually protect its citizens. So therefore you can’t force us to provide life saving procedures.”
What? This isn’t restricting the state from performing abortions.
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So they want the death panels they yelled about when the ACA was passed.
They are always okay with death panels as long as they can profit off them.
It’s ok because it’s their death panel. They’ll only let the bad people die.
State laws to nullify federal laws are already unconstitutional
From my understanding there is no federal law, that’s why the repeal by the supreme Court was so bad
Yeah don’t know why that was never codified into law…
Is america actually a country or just a set of miniature nations that refuse to work together?
The most “united” thing about the US is undoubtedly Citizens United. Otherwise, yep.
In many ways they are less cohesive than the EU.
set of miniature nations that refuse to work together
through laws and policies and a militarized police force people are encouraged to stay where they are
It’s actually 5-10 countries pretending to be 50 tiny countries pretending to be one big country.
If the ruling went the other way those judges would be receiving death threats. Conservatives are not playing by the same rules as the rest of us. Something needs to change.
They need those unplanned pregnancies to make future republicans
That will teach her to try to protect her life and fertility!
Just a suggestion for all Texan women… Have no kids, don’t get pregnant…ei, hold back sex until the men of your state join you in a big ass pro-women march. One so big that Trump would talk about how hooch it was.
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all states have started to do things on a state by state basis unless the federal law is favored
policing, abortion, insurance, wages, cannabis are all state by state issue
federal is out the window just look at voting you get to vote on who your state decides to put on the ballot
not everyone in texas decided this the politicians did look at Ohio recently it does not listen to what people vote for
obama, trump, and biden all support states rights that is just the last three presidents
Yeah if texas can amend their constitution by ballot initiative, as an Ohioan I recommend they learn from us. It’s basically the only way we get what we want since we’re so gerrymandered
The Texas constitution is a mess.
Okay sooooo I’m a woman in Texas and….yeah. Cool. Cool cool.
Im really sorry❤️
It’s easy for me to say, being that I’m a man living in Illinois, but if you’re a woman living in Texas that can get pregnant what justification do you have for not leaving? The state is maybe not literally trying to kill you, but something like an accidental conception resulting in an ectopic pregnancy is a literal death sentence in Texas.
And if I’m not mistaken they can even chase you down and jail you if you “decide” to leave the state to pursue an abortion in that situation.
It’s a valid question. I can only do my job here, it’s a very specialized area. Maybe one other place in the US, but I’d have to go overseas for anything else.
I am married and so it’s not just me moving. We are child free and I have talked to my doctor about getting those parts removed to avoid the issue altogether, but she says that the combination of my age plus my type of contraception (IUD), I should be okay.
And I have offers to take a holiday and “visit friends” in other states/countries if I should need to. I’m lucky in that respect.
I hate it here but given everything I just said, I feel okay with staying until I’m able to retire and gtfo. Until then, I’ll keep voting against these assholes and hoping that more and more folks will begin to do the same until they’re gone.
Y’all have to general strike or something
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May the people who enabled this get unplanned pregnancy after pregnancy.
Anatomicaly impossible, Mr. Garibaldi. But you’re welcome to try.
-the assholes
The ones who enabled this won’t though.
Hard right conservative males are not going to get pregnant.
Let’s not act like there isn’t a huge amount of women who enabled this. 52% of white women voted for Trump and one of his biggest campaign promises was repealing Roe v Wade.
Some women are fine with this until it suddenly affects them individually
the key story from this, to me, is the woman protesting outside a clinic every day, comes in one day to get an abortion, and then goes back to join the picket line.
Part of what gets me about it is that I totally understand how they wind up like that. Lapses are acceptable in Christianity, but committing to sin isn’t. Add in the fact that completely changing your mind and lifestyle is hard and slow, especially when it comes with confessing those changes to your social circle knowing you will be rejected for it. Furthermore Christians love people who are desperate and in moral and social turmoil, they prey on such people. So when she felt that way she already believed in that, so they might’ve even tightened their hold on her.
