Appeals court rules Texas can ban emergency abortions in spite of federal guidance
The Biden administration had appealed a district judge's ruling that sided with Texas Attorney General Ken Paxton.
A federal appeals court ruled Tuesday that Texas can ban emergency abortions even though the U.S. Department of Health and Human Services says a federal statute takes priority over state laws prohibiting the procedure.
The 5th U.S. Circuit Court of Appeals affirmed a district court’s ruling that sided with Texas Attorney General Ken Paxton. The appeal was heard by Judge Leslie Southwick, an appointee of President George W. Bush, and Trump appointees Kurt Engelhardt and Cory Wilson.
"The Texas plaintiffs argument that medical treatment is historically subject to police power of the States, not to be superseded unless that was the clear and manifest purpose of Congress, is convincing," Engelhardt wrote.
Spokespeople for the Justice Department and the Texas attorney general did not immediately respond to requests for comment Tuesday evening.
The Texas Supreme Court last month denied a request for an emergency court order allowing Kate Cox, a pregnant woman who learned her fetus had a fatal diagnosis, to have an abortion in the state. Cox ended up leaving the state to get the procedure.
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