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WASHINGTON  Today, a Trump-appointed district court judge in Texas preliminarily blocked the Biden administration’s recent guidance regarding the application of the Emergency Medical Treatment and Active Labor Act (EMTALA) to pregnant patients experiencing a medical emergency. The guidance made clear that emergency medical treatment may include abortion care and to clarify health care providers’ continued responsibility under federal law. 

This ruling means that, at least for now, the guidance is not enforceable. However, EMTALA remains federal law and requires most hospitals to provide emergency medical care, including care related to pregnancy.

Statement from Alexis McGill Johnson, president, Planned Parenthood Action Fund:

“How close to death is close enough? Extremist anti-abortion politicians in Texas are trying to prevent pregnant people experiencing medical emergencies from receiving life-saving care, despite the fact that federal law requires most hospitals to provide that treatment. Politicians may think they know better than doctors, but doctors should not have to try to figure out how to be lawyers in order to save lives. Once again, politicians have shamefully prioritized their extremist agendas over people’s lives. Planned Parenthood will never stop fighting for everyone’s ability to get the essential, life-saving health care they need, no matter what state they live in.”

Statement from Dyana Limon-Mercado, executive director, Planned Parenthood Texas Votes: 

“We must stop playing politics with people’s lives. The post-Roe world envisioned by anti-abortion extremists is unfolding before our eyes and has not stopped with banning abortion. Now, with just over two months until the general election, extremist officials in Texas are hellbent on depriving people facing an emergency– particularly pregnant people – of life-saving, emergency care. These anti-abortion lawmakers may be relentless, but so are we. Together, we will be louder than ever, working to elect leaders that will restore abortion access and actually represent the voters of Texas.”


Planned Parenthood Action Fund is an independent, nonpartisan, not-for-profit membership organization formed as the advocacy and political arm of Planned Parenthood Federation of America. The Action Fund engages in educational, advocacy, and limited electoral activity, including grassroots organizing, legislative advocacy, and voter education.