The US Supreme Court rebuffed the Biden administration in an abortion clash, leaving intact an appeals court decision favoring Texas in a fight over the availability of the procedure in hospital emergency rooms.
The 5th US Circuit Court of Appeals said Texas, which has a broad abortion ban, wasn’t bound by a
Texas allows abortion when needed to avoid a serious health consequence, so it isn’t clear the case will have significant practical consequences. The fight nonetheless carries symbolic importance in the weeks before a national election in which abortion is likely to be a key issue.
The case bears similarities to an Idaho case the court considered and then
Unlike in the Idaho case, which started when the administration took that state to court, the latest dispute stems from a lawsuit filed by Texas seeking to preemptively block the HHS memorandum. A federal district judge and the 5th Circuit then ruled that HHS exceeded its authority and took procedural shortcuts when it issued the memorandum.
The administration sought reconsideration in light of the Supreme Court’s decision backing out of the Idaho case, its June 13
Texas urged the justices to leave the appeals court ruling intact.
The conservative-dominated 5th Circuit has become the favorite appeals court for Republican-run states and right-wing groups to press ideologically divisive cases.
The case is Becerra v. Texas, 23-1076.
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