The 5th Circuit Court of Appeals has just ruled that Texas doctors aren’t required to perform an abortion even when medically necessary to save the life of the mother. There is a longstanding law, dating back to 1986 that requires ERs to provide emergency care and it includes provisions to ensure pregnant women get treatment and can’t be discharged until “stabilized.” If a woman is in labor then she has to be treated and the baby delivered. If she’s having complications, those too must be treated and if treatment means an abortion to save her life or preserve her long-term health then that’s what has to happen. The law is the Emergency Medical Treatment and Labor Act. (emphasis added) Incredibly, the 5th Circuit ruled that the EMTALA which was written to ensure people, including (and especially) pregnant women receive medically appropriate medical care does NOT require certain care after all!
The Washington Post article is a stunning read:
The federal law “does not mandate any specific type of medical treatment, let alone abortion,” the U.S. Court of Appeals for the 5th Circuit concluded, faulting the Biden administration’s interpretation of the Emergency Medical Treatment and Labor Act, or EMTALA. The law “does not govern the practice of medicine,” the court added.
It’s that last sentence that LEAPS off the page. These three guys on the panel say a law literally written to govern the practice of Emergency Medicine, with provisions specifically included to ensure ERs/hospitals provide emergency care for pregnant women “does not govern the practice of medicine!” What The F**k? In case anyone was wondering, all three judges on the panel that signed THAT are GOP appointees. One by Bush 43 and two by… you guessed it – Trump! Asking for an En Banc hearing (having the entire group of 5th Circuit Judges) hear the case would be a waste of time. It is as I said as conservative as you can find.
Texas is a huge state both in physical size and population. Only California has more people in fact. Texas is also a bad place to be a woman who wants, or more importantly needs reproductive health care. It was only a month ago the national news was filled with the story of a Texas woman with an unviable fetus and who was herself experiencing life threatening complications was forced to flee to another state to get an abortion. Frankly, I think the anti-abortion zealots want MORE of this kind of thing. (and there are women in that group – women who believe their duty in life is to be subjugated by men) In Texas they are sending a message to women. That if pregnant a woman and her body are an incubator that belongs to the state.
As an old white guy, I can’t disagree with those who say it’s a modern form of slavery, if only temporary. Of course, if a woman DIES, or winds up having to have not just an abortion but a hysterectomy due to complications it’s not so “temporary” is it? For conservatives the harm done to individual women is of no concern. All they care about is control. Taking away reproductive freedom the believe can return America to something that never existed, those “perfect” families of 50s and 60s TV. It was bullshit then and it’s bullshit now but let’s not get into the details of all that.
What matters is that judges with an agenda that most of the country doesn’t agree with have IMPOSED their minority view. By saying a law literally written to govern medical care has nothing to do with providing medical care! The WaPo article notes a similar case is pending in the 9th Circuit with a ruling expected in the next month. This is a matter that, if DOJ presses the matter (how can they not?) will be headed up to SCOTUS. And the same six “Justices” who created this mess to begin with will have to decide whether they even want to try and fix their mess. They can after all deny cert, even if two different circuits issue conflicting rulings.
I urge you to read the linked article. More importantly, since I keep feeling we have another 2016 on our hands resolve to vote for Democrats come November. Back in 2016 there was this “I know Hillary is the best candidate but for ;reasons’ I just can’t get motivated to get out and vote.” THIS is the result of that attitude! STFU with any whiny “does it have to be Biden? He’s sooooo old” or some other such crap. We need him. We need a solid majority in the House again. We need a larger majority in the Senate. Because we need to get legislation like the Women’s Health Protection Act passed. (You can read about Sen. Murray’s efforts to pass it here) Even if you’re not a woman of child-bearing age you damn well know women who are. Think about the consequences if we don’t win, and win big come November.
Does a doctor have to treat one of these “justices” when he comes to the ER at night with unbearable chest pains and difficulty breathing? Is that healthcare that is NOT required?
Remember the goose and gander rules.
And it’s not just concerning for women of child bearing age because pregnancy doesn’t happen “to” a woman by herself but usually a MAN is involved with the process and should also be concerned for the health and welfare of the woman and pregnancy. There are also grandparents, aunties, siblings, doctors, and nurses affected by the Courts cruel and shameful decision.
I have 2 thoughts on this madness.
1. These laws value the life of the fetus over the life of the woman.
2. Animals get better healthcare during pregnancy. When vets are treating them, there is never an issue or question as to which life takes priority. Ideally they will try to save both mother and fetus, but if pushed the mother’s life comes first. Not so with us humans.
I hate to put it this way but scotus upholding the 5th circuit madnness or denying cert would be the best possible outcome to ensure democratic wins in the election.
Unfortunately, too many voters view these rulings as “hypothetical,” and don’t realize how many actual human beings are affected. The Democratic party, we’ve heard, has lots of campaign cash on hand. We need to see a lot of ads that feature real people impacted by the cruel policies of the GOP and conservative court rulings.
We are a country FULL OF STUPID ASSHOLES or these phuckers wouldn’t be in charge of any goddamn thing! We’ll find out in November if it’s FATAL for all of us.