The Fifth Circuit Court of Appeals upheld a lower court ruling in Texas that allows the state to ban emergency abortions, saying the current federal statute in the Emergency Medical Treatment and Labor Act (EMTALA) does not preempt the state law that outlaws the procedure.
In a ruling on Tuesday, the conservative-majority appeals court said the US Department of Human Health Services (HHS) erred in their interpretation of the EMTALA when the agency issued guidance in May 2023 to all hospitals participating in Medicare.
