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Tennessee Woman Denied Abortion for Ectopic Pregnancy Was Left Infertile.

essentialsaltes

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Antiabortion states are fighting the Biden Administration over EMTALA, saying it doesn't apply.

What the EMTALA case means for Idaho, abortion bans around the U.S.

Idaho attorneys will go before the U.S. Supreme Court on Wednesday morning in a case that will determine the extent to which the state’s abortion ban applies.

The state is arguing that EMTALA doesn’t supersede state law and that it doesn’t require abortion as a procedure in emergencies.

Supreme Court allows emergency abortions in Idaho for now

The court opted against deciding whether Idaho’s abortion ban conflicts with a federal law [EMTALA] that sets standards for hospital emergency room care, leaving legal question unresolved.

The court dismissed an appeal brought by Idaho officials, meaning a lower court ruling that allows doctors in the state to perform abortions in emergency situations remains in effect for now.

Justice Ketanji Brown Jackson, who objected to the court failing to decide the case, read her dissenting opinion from the bench, a step justices generally only take when they are particularly disgruntled with the outcome.

"There is simply no good reason not to resolve this conflict now," she wrote.
We still don't know whether EMTALA supersedes state law or state law supersedes EMTALA. SCOTUS dodged, and it's still being litigated in lower courts.
 
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essentialsaltes

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Antiabortion states are fighting the Biden Administration over EMTALA, saying it doesn't apply.

5th Circuit Appeals court rules Texas can ban emergency abortions in spite of federal guidance

A federal appeals court ruled Tuesday that Texas can ban emergency abortions even though the U.S. Department of Health and Human Services says a federal statute takes priority over state laws prohibiting the procedure.

What the EMTALA case means for Idaho, abortion bans around the U.S.

Idaho attorneys will go before the U.S. Supreme Court on Wednesday morning in a case that will determine the extent to which the state’s abortion ban applies.

The state is arguing that EMTALA doesn’t supersede state law and that it doesn’t require abortion as a procedure in emergencies.

The Supreme Court on Monday left in place a court order blocking the Biden administration from enforcing in Texas its policy of requiring hospitals to provide emergency abortion care or risk losing federal funding.

The high court’s handling of both the Idaho and Texas cases leaves unanswered questions about whether, under a law known as the Emergency Medical Treatment and Labor Act, federally-funded hospitals must offer abortions to emergency patients with pregnancy complications putting their health at risk – even in states that ban the procedure.

Texas, joined by other plaintiffs, successfully sued to halt Biden administration guidance to hospitals asserting that EMTALA trumps state abortion bans.
 
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CRAZY_CAT_WOMAN

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The Supreme Court on Monday left in place a court order blocking the Biden administration from enforcing in Texas its policy of requiring hospitals to provide emergency abortion care or risk losing federal funding.

The high court’s handling of both the Idaho and Texas cases leaves unanswered questions about whether, under a law known as the Emergency Medical Treatment and Labor Act, federally-funded hospitals must offer abortions to emergency patients with pregnancy complications putting their health at risk – even in states that ban the procedure.

Texas, joined by other plaintiffs, successfully sued to halt Biden administration guidance to hospitals asserting that EMTALA trumps state abortion bans.
This is sad. And what seems to happens when you vote Republicans in to office.
 
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RestoreTheJoy

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The Supreme Court on Monday left in place a court order blocking the Biden administration from enforcing in Texas its policy of requiring hospitals to provide emergency abortion care or risk losing federal funding.

The high court’s handling of both the Idaho and Texas cases leaves unanswered questions about whether, under a law known as the Emergency Medical Treatment and Labor Act, federally-funded hospitals must offer abortions to emergency patients with pregnancy complications putting their health at risk – even in states that ban the procedure.

Texas, joined by other plaintiffs, successfully sued to halt Biden administration guidance to hospitals asserting that EMTALA trumps state abortion bans.
Please define "emergency abortion".
 
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CRAZY_CAT_WOMAN

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Please define "emergency abortion".
Perhaps a dead fetus's, or a woman in danger. An egg that gets trapped in the fallopian tube, a fetus's with a major abdominal issues. This should be nobodies business,but the mom and doctors to be honest.
 
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RestoreTheJoy

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Perhaps a dead fetus's, or a woman in danger. An egg that gets trapped in the fallopian tube, a fetus's with a major abdominal issues. This should be nobodies business,but the mom and doctors to be honest.
That's just a medical emergency, as previously discussed, and it is nobody's business. That is NOT at issue, yet for some odd reason- perhaps agenda pushing, perhaps just legal CYA tactics - some local hospitals seem to not understand this.
 
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civilwarbuff

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Texas, joined by other plaintiffs, successfully sued to halt Biden administration guidance to hospitals asserting that EMTALA trumps state abortion bans.
Just curious here....did the courts also say it didn't matter if the patient died?
 
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essentialsaltes

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Just curious here....did the courts also say it didn't matter if the patient died?
The courts blocked the Biden Administration from enforcing EMTALA.

Whatever ensues is irrelevant.
 
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essentialsaltes

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Actually, it is quite relevant.
I'm not sure what you're asserting. The Biden Administration has been prevented by the courts from acting to protect the lives of women. If women die -- as they have in fact -- that has no effect on the court decision.
 
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civilwarbuff

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I'm not sure what you're asserting. The Biden Administration has been prevented by the courts from acting to protect the lives of women. If women die -- as they have in fact -- that has no effect on the court decision.
It is called malpractice and is addressable thru a civil law suit.
Also, I asked in a similar thread to please post the article stating that. Pls do so here also.
 
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essentialsaltes

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It is called malpractice and is addressable thru a civil law suit.
Also, I asked in a similar thread to please post the article stating that. Pls do so here also.
It's been linked above already, but

Appeals court rules Texas can ban emergency abortions in spite of federal guidance

A federal appeals court ruled Tuesday that Texas can ban emergency abortions even though the U.S. Department of Health and Human Services says a federal statute takes priority over state laws prohibiting the procedure.

The Supreme Court has left that decision in place. I believe there are still issues to be resolved, but this court ruling is currently in effect.
 
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RileyG

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There are some said abortion case stories. But they don't justify the millions of unnecessary abortions that have taken place.
....which is why it needs to be very, very restricted
 
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civilwarbuff

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It's been linked above already, but

Appeals court rules Texas can ban emergency abortions in spite of federal guidance

A federal appeals court ruled Tuesday that Texas can ban emergency abortions even though the U.S. Department of Health and Human Services says a federal statute takes priority over state laws prohibiting the procedure.

The Supreme Court has left that decision in place. I believe there are still issues to be resolved, but this court ruling is currently in effect.
That's too bad. Hopefully they will correct that as everyone has the right to medically protect their right to live.
 
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