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

Docket No.
Appellate Court
Fifth Circuit


  • Invalidate agency guidance
  • Prevent enforcement of agency guidance

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.  Ensuring that clinicians provide abortion services when required to stabilize a patient in a medical emergency situation enables patients to receive necessary life-saving care.

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.