Important Takeaways:

• The Supreme Court on Monday turned away a clash between a federal emergency care law and Texas’ near-total ban on abortion, declining to provide clarity over whether physicians in states with the most restrictive laws must provide abortion care in certain emergency circumstances.
• The court’s rejection of the Biden administration’s appeal leaves in place a lower court decision that blocked the federal government from enforcing guidance it issued to hospitals notifying them that they must provide emergency abortions if the health of the mother is at risk.
• The Department of Health and Human Services told health care providers in a July 2022 letter that when a state abortion law does not include an exception for the life and health of the mother, that measure is preempted by the federal emergency care law.
• The case began after Health and Human Services Secretary Xavier Becerra told hospitals more than two years ago that federal law requires them to provide pregnant patients experiencing emergency medical conditions with stabilizing treatment, including abortions, regardless of state restrictions.
• In Texas, abortion is banned except when the life of the mother is at risk.
• Texas sued the Biden administration to block its mandate requiring hospitals to provide emergency abortions, alleging that the secretary exceeded his authority when issuing the guidance.
• A federal district court sided with Texas and blocked the guidance, finding that hospitals cannot be forced to provide abortions in certain medical emergencies when it would violate the state’s ban.
• They urged the Supreme Court to leave the lower court’s decision in place, writing in a filing that in Texas, a health care provider can comply with both EMTALA and state law by offering stabilizing treatment without violating its ban. In limited circumstances, they said, that can include providing an abortion when it is necessary to prevent the “substantial impairment of a major bodily function.”

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