The Biden administration has asked a federal appeals court to uphold health care guidance issued last year that says hospitals must provide abortions for women whose lives are at risk due to pregnancy.
This 11-piece Cuisinart cookware set is a perfect gift for the holidaysHealthFILE - People wait in line to enter the 5th Circuit Court of Appeals in New Orleans, Jan. 9, 2019. Members of a three-judge panel at the 5th U.S. Circuit Court of Appeals in New Orleans on Tuesday, Nov. 7, 2023, heard an appeal by the Biden administration to a lower court ruling in Texas last year that blocked the use of the government's abortion guidance.
McKaye Neumeister, an attorney with the Department of Justice arguing for the administration, said the district court judge who blocked enforcement wrongly ruled that the Department of Health and Human Services issued the guidance without first subjecting it to a required public comment period. Neumeister said the guidance wasn't new. It is, she said, a restatement of existing policy.
The guidance was based on the administration's view of the Emergency Medical Treatment and Labor Act of 1986. Judge Cory Wilson questioned whether the law applied to abortion care. Neumeister argued that the guidance provides needed safeguards for women, and that the district court order blocking the use of the guidance was an error with “potentially devastating consequences for pregnant women within the state of Texas.”
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