Why 2 federal lawsuits in Texas and Idaho could protect or threaten emergency abortion care

Texas and Idaho are involved in separate federal lawsuits that stem from guidance issued by the Biden administration’s Department of Health and Human Services back in July. The statementthat physicians have to pregnant patients experiencing an emergency medical condition under an existing 1986 federal law, the Emergency Medical Treatment and Labor Act .

Now, Texas is suing the Biden administration over the guidance, and the administration is suing Idaho in lawsuits centered on the issue of allowing abortions when a pregnant person’s health is at risk, and the question of whether federal policies supesede state laws. If, for example, somebody comes in with an ectopic pregnancy and needs abortion care in order to not be in a life-threatening situation, they would be required to make sure that the person is stabilized, which in that case, would mean having an abortion.to say,"Well, no, Texas law only allows abortions in situations where life is at stake" — so a narrower array of circumstances.

When you look at the Texas lawsuit and the complaint … it appears to be trying to score more political points from the attorney general rather than in terms of legally having a foundation. [The office of Texas Attorney General Ken Paxton did not immediately respond for comment.]

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