Supreme Court Keeps Texas Abortion Restrictions in Place for Now, Blocking Federal Emergency Abortions

The Supreme Court has ruled that, for the time being, Texas hospitals don’t have to provide emergency abortions if it goes against the state’s strict abortion ban, even in cases where a woman’s health or life is at serious risk. Here’s what that means:

The justices decided not to change a Texas court’s ruling, which says hospitals in the state are not required to perform emergency abortions, despite a federal law that usually mandates emergency rooms to offer life-saving treatments. So, for now, this federal requirement doesn’t apply in Texas. The decision didn’t include any explanations or disagreements from the justices, so we don’t know why they chose to keep the Texas ruling in place.

Texas is now the only state where the Biden administration can’t enforce a federal rule called the Emergency Medical Treatment and Labor Act (EMTALA). EMTALA usually requires hospitals to give emergency medical care—including abortions if needed for the patient’s health. But since Texas passed one of the strictest abortion bans in the country, this federal rule isn’t being enforced there. Texas Attorney General Ken Paxton called this ruling a big win for the state and for those who support tighter abortion laws.

The Biden administration argued that federal law should override state laws in emergency situations. They say that EMTALA should ensure a woman can get an abortion in a medical emergency, regardless of local bans. They’d asked the Supreme Court to overrule Texas’ decision, but the Court didn’t take that route.

This ruling comes right before the 2024 presidential election, adding fuel to the abortion rights debate. Democratic candidate Kamala Harris has made protecting abortion rights a main focus, criticizing the current administration’s choices of Supreme Court judges who helped overturn Roe v. Wade in 2022. After the ruling, Harris took to social media, promising to keep fighting to restore abortion protections across the country.

For now, abortion rights advocates face an uphill battle in Texas, as the state’s abortion ban remains intact and the Supreme Court seems unwilling to intervene. As the election draws near, this decision might motivate voters who care about reproductive rights to make their voices heard. Meanwhile, the Biden administration is exploring other ways to ensure women can still access emergency abortions in states with strict abortion bans.