A federal appeals court has ruled that doctors in Texas are not under any obligation to perform abortions, despite the Biden administration’s attempt to expand abortion access in the state under the guise of so-called medical emergencies.

The ruling by Trump-appointed Judge Kurt D. Engelhardt of the U.S. 5th Circuit Court of Appeals in New Orleans says that the Emergency Medical Treatment and Labor Act (EMTALA) “does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations.” EMTALA is designed to protect the rights of patients who seek stabilizing treatments and women in labor who need immediate medical care.

When Roe vs. Wade was overturned in June 2022, the Department of Health and Human Services (HHS) issued guidance on EMTALA, urging states to continue performing abortions, even when doing so would violate state law. A federal judge first blocked the guidance after Texas and the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Association asked for a temporary restraining order against the HHS ruling. The federal appeals court upheld that decision on Tuesday.

A similar fight is underway in Idaho, where the Biden administration also cited EMTALA in an effort to undermine the state’s abortion restrictions. Idaho—like Texas—maintains that EMTALA does not mandate abortions.

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