Opinion by Paul Waldman and Greg Sargent: Texas’s new lawsuit against Biden shows our dark post-Roe future
that the effort attempts “to use federal law to transform every emergency room in the country into a walk-in abortion clinic.”Paxton’s lawsuit is weak, to say the least. But it provides another indication where this is all headed.to state officials and hospitals reminding them of requirements mandated by the Emergency Medical Treatment and Labor Act .
In this case, the administration was letting everyone know that if a patient “is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment." This applies no matter what a state’s law says about abortion.
For good measure, Paxton throws in that “EMTALA contemplates that an emergency medical condition is one that threatens the life of the unborn child." How he decided that the law “contemplates” this, he does not say.Nevertheless, it shows how the radical idea of “personhood” for a fetus — which says that from the moment of fertilization its rights are equal to that of a human being, rights that can potentially overcome those of the woman carrying it — will be finding its way into state laws.
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