This week, two federal judges reached opposite conclusions about the conflict. At the behest of the Biden administration, Judge B. Lynn Winmill blocked the Idaho law. EMTALA, he noted, “demands abortion care to prevent injuries that are more wide-ranging than death.” The Idaho law requires that doctors allow their patients’ conditions to deteriorate disastrously before they can intervene. “Healthcare providers can seldom know the imminency of death because medicine rarely works in absolutes.”
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n Texas, however, Judge James Hendrix granted an injunction against Becerra, blocking enforcement of the federal policy. In his complaint, Texas Attorney General Ken Paxton had preposterously declared that the administration’s policy would “transform every emergency room in the country into a walk-in abortion clinic.” Judge Hendrix agreed, saying that EMTALA “protects both mothers and unborn children” and “is silent as to abortion.” Nothing in the Texas statute, he declared, “makes the provision of stabilizing care impossible.”
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