A federal appeals court on Tuesday ruled Texas can ban emergency abortions despite the U.S. Department of Health and Human Services saying a federal statute takes priority over state laws prohibiting the procedure.
The Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that sided with Texas Attorney General Ken Paxton in the matter. The appeal was heard by Judge Leslie Southwick, an appointee of President George W. Bush, and Trump appointees Kurt Engelhardt and Cory Wilson.
“The Texas plaintiffs argument that medical treatment is historically subject to police power of the States, not to be superseded unless that was the clear and manifest purpose of Congress, is convincing,” Engelhardt wrote.
Paxton, a Republican, had sued to block guidance from the Department of Health and Human Services in 2022 that said medical providers should offer abortions in emergency situations.
The Biden administration had appealed a ruling by U.S. District Judge James Wesley Hendrix who barred the federal agency from enforcing the guidance in Texas and against two anti-abortion groups of doctors.
Spokespeople for the Justice Department and the Texas attorney general did not immediately respond to requests for comment on the ruling Tuesday evening.
This is a developing story. Please check back for updates.
