State of Texas et al. v. Becerra et al.

Docket No.
23-10246
Appellate Court
Fifth Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Litigation Content

Why this Matters 

The Plaintiffs argue that federal guidance concerning the provision of abortion care under the Emergency Medical Treatment and Labor Act (EMTALA) exceeds agency authority, violates the Administrative Procedure Act, and conflicts with Texas state law.  In this appeal, the Defendants argue that the district court erred in finding the guidance unlawful and blocking its enforcement.

Potential Impact 

Preventing women from accessing stabilizing care in emergency situations, if that care requires an abortion, will put the health and safety of women in jeopardy.