The ruling by a unanimous panel of fifth US circuit court of appeals comes amid a wave of lawsuits focusing on abortion exceptions

The US government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing Joe Biden’s administration of overstepping its authority.

The ruling by a unanimous panel of the fifth US circuit court of appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.

  • atomicorange@lemmy.world
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    1 year ago

    Why the fuck would anyone want to ban medical emergency abortions? How would any sane person think this is a moral stance? The only goal is to kill women. How is this a mainstream political party’s stance?

    Just declare open season on women already. Jesus Christ these people are fucking sick.

    • MataVatnik@lemmy.world
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      1 year ago

      Remember when Trump supporters said they didn’t want to ban abortions? Remember when they said they just wanted to bam late term abortions? Remember when they said that they wouldn’t ban medical emergency abortions? Or rape?

      It’s infuriating talking to these people, I remember how they were playing it of as the rest of us being crazy and projecting our own hysteria. What the fuck do we do with people like this? Trump tried to overturn the democratic process and people still support him. Similar with abortions they downplay and lie about what the consequences would be if he wins. Talking and reasoning with these people clearly does not work. I now understand more than ever how a country can spiral into something like Nazi Germany. And the only thing I learned is that there is very little you can do about it when these many people are this fucking stupid.

  • halcyoncmdr@lemmy.world
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    1 year ago

    Sounds like TX doctors should start refusing to see any politicians or their families in the state. Let them handle it themselves.

  • Milk_Sheikh@lemm.ee
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    1 year ago

    Texas and the associations immediately sued the administration, saying the guidance interfered with the state’s right to restrict abortion [regardless of risk to the mother’s life in the ER]. A lower court judge in August 2022 agreed

    Fuck me. What premise to hang a judicial argument on. They openly are fighting for “no exemptions, no matter what” and are willing to force doctors and nurses to break their medical oaths to do that, under color of law.

    If you’re a medical professional who has any dealings with women, it’s time to leave Texas. The goals of the state, and yours as a medical practitioner, irrefutably do not align. Ken Paxton will hunt you down via lawfare, slander your name in public, and ruin your life if you dare to care for a dying patient that you can save from death.

    • NotMyOldRedditName@lemmy.world
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      1 year ago

      Ken Paxton will hunt you down via lawfare, slander your name in public, and ruin your life if you dare to care for a dying patient that you can save from death.

      He’s going to do it even if you don’t live or practice in the state.

  • Wermhatswormhat@lemmy.world
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    1 year ago

    This sounds like another one of those “well the state has no obligation to actually protect its citizens. So therefore you can’t force us to provide life saving procedures.” I am a dude and this just boils my blood. Maybe there is just no fixing that god forsaken state. Texas, Florida and Idaho.

    • AnneBonny@lemmy.dbzer0.com
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      1 year ago

      This sounds like another one of those “well the state has no obligation to actually protect its citizens. So therefore you can’t force us to provide life saving procedures.”

      What? This isn’t restricting the state from performing abortions.

  • IHeartBadCode@kbin.social
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    1 year ago

    A lower court judge in August 2022 agreed, finding that Emtala was silent as to what a doctor should do when there is a conflict between the health of the mother and the unborn child

    And that’s absolutely correct. This has been a big point about “codify Roe” that Congress hasn’t addressed.

    The tenth amendment says that if Congress is silent on a point, State’s get to weigh in.

    This has been an ongoing thing that folks have indicated for Congress to fix especially since 1992 when we had Casey, when literally SCOTUS dropped the hint that Congress really needs to step up on this massive missive.

    I don’t like the ruling, but it’s absolutely the correct one. Biden gave it a shot but this one is completely on Congress to fix. The President can’t unilaterally attempt to fill in a blank that States have already filled in.

    It’s this same power that allows California to command a lot of their environmental programs, to deny it to Texas would destroy a ton of protections California has created.

    • magnetosphere@kbin.social
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      1 year ago

      Maddening as this particular ruling is, you’re right. I want a fair government above all else, and fairness isn’t compatible with hypocrisy.

        • magnetosphere@kbin.social
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          1 year ago

          Encouraging the rule of law when it’s applied to others, but being all about “individual freedom” and expecting special treatment when the law is applied to me. That’s what hypocrites do.

          What I want are fair laws that are applied evenly to everyone. Then, at least I know that the system is just and reasonable, even if I personally don’t like the outcome of a particular case.

  • tacosplease@lemmy.world
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    1 year ago

    If the ruling went the other way those judges would be receiving death threats. Conservatives are not playing by the same rules as the rest of us. Something needs to change.

    • GiuseppeAndTheYeti@midwest.social
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      1 year ago

      It’s easy for me to say, being that I’m a man living in Illinois, but if you’re a woman living in Texas that can get pregnant what justification do you have for not leaving? The state is maybe not literally trying to kill you, but something like an accidental conception resulting in an ectopic pregnancy is a literal death sentence in Texas.

      And if I’m not mistaken they can even chase you down and jail you if you “decide” to leave the state to pursue an abortion in that situation.

      • PrincessLeiasCat@sh.itjust.works
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        It’s a valid question. I can only do my job here, it’s a very specialized area. Maybe one other place in the US, but I’d have to go overseas for anything else.

        I am married and so it’s not just me moving. We are child free and I have talked to my doctor about getting those parts removed to avoid the issue altogether, but she says that the combination of my age plus my type of contraception (IUD), I should be okay.

        And I have offers to take a holiday and “visit friends” in other states/countries if I should need to. I’m lucky in that respect.

        I hate it here but given everything I just said, I feel okay with staying until I’m able to retire and gtfo. Until then, I’ll keep voting against these assholes and hoping that more and more folks will begin to do the same until they’re gone.

    • FuglyDuck@lemmy.world
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      1 year ago

      Fuck these people

      Nope. Not with a 3ft dildo on the end of a 30ft pole. Having a child with one of these assholes is probably the worst way to ruin your life.

      • GiuseppeAndTheYeti@midwest.social
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        1 year ago

        Someone correct me if I’m wrong but isn’t it illegal to own a dildo in Texas?

        Edit: Decided to do the research myself.

        The Texas obscenity statute is a statute prohibiting the sale of sex toys in Texas. The law was introduced in 1973, and was last updated in 2003. While the law was never formally repealed, in 2008 a U.S. District Judge released a report declaring it to be “facially unconstitutional and unenforceable.”

        Texas Penal Code 43.23 (f) states: “A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.” Elsewhere, the code defines the devices as “a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.”

        So it’s illegal to sell sex toys. Kinda. And definitely illegal to own six or more dildos.

  • werefreeatlast@lemmy.world
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    1 year ago

    Just a suggestion for all Texan women… Have no kids, don’t get pregnant…ei, hold back sex until the men of your state join you in a big ass pro-women march. One so big that Trump would talk about how hooch it was.