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The Biden White House just cannot get anything past the goalie over at the Supreme Court, can they?

The United States Supreme Court has rejected the Biden administration’s request to appeal a ruling that prohibits them from forcing emergency room doctors to perform abortions in Texas.

In an orders list released Monday morning, the Supreme Court declined without comment to grant certiorari [review] in the case of Becerra et al. v. Texas et al., which is centered on whether the federal government can interpret federal law to require emergency room staff to performing abortions.

By declining to take up the case, the Supreme Court leaves in place an appeals court panel decision from earlier this year that stops the Biden administration from requiring emergency facilities in Texas to provide abortions.

The fight centers around interpretation of the 1986 Emergency Medical Treatment and Labor Act, which mandates that hospitals are required to provide stabilizing care to patients who show up in emergency rooms.

The Biden administration has argued that the law “require[s] hospital emergency staff to provide abortions.” A district court and appeals court both ruled against the White House, leading to the Biden administration’s unsuccessful appeal.

EMTALA “does not govern the practice of medicine,” the appeals court said:

While EMTALA directs physicians to stabilize patients once an emergency medical condition has been diagnosed … the practice of medicine is to be governed by the states.

Sorry Biden administration, it looks like mandating abortion isn’t as easy as you thought it’d be.


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