CONTACT: Matt Hadro
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AUSTIN, TEXAS, January 3, 2024 – Human Coalition on Wednesday supported a U.S. Fifth Circuit court ruling that the Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) does not force emergency room physicians to conduct abortions. The law requires hospitals receiving Medicaid funds to treat patients with lifesaving care in emergency situations, rather than turn them away.

Chelsey Youman, National Legislative Advisor with Human Coalition Action, issued the following statement on the ruling:

“We are grateful that the court recognized the authority of states to protect human life and refused to classify abortion as necessary health care. The Biden administration has shamelessly taken every possible step to promote abortion, stretching the meaning of the law beyond plausibility to force doctors to perform abortions despite their religious or ethical beliefs. Abortion destroys lives; to classify it as necessary or health care is sickening.

“Texas has led the way in protecting innocent human life, and we are grateful to Attorney General Paxton for upholding the transformative pro-life laws of the state.”

The U.S. Department of Health and Human Services (HHS) has interpreted EMTALA to require abortion as part of emergency stabilizing treatment. In 2022, HHS clarified that hospitals under the law must provide abortions as part of stabilizing care in emergency situations, overriding any existing state laws prohibiting abortions.

The state of Texas, along with two pro-life medical groups, sued over the HHS Medicaid requirements. On Tuesday, the Fifth Circuit ruled that EMTALA does not require abortions to be included in necessary stabilizing care.

About Human Coalition Action

Human Coalition Action is a public policy advocacy organization, advocating for preborn children by assisting governing officials in advancing pro-life policies, informing voters about pro-life candidates, and supporting pro-life legal arguments in the Courts.


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