Supreme Court declines Biden administration appeal in Texas emergency abortion case

WASHINGTON (AP) — The Supreme Court on Monday let stand a decision barring emergency abortions that violate the law in Texas, which has one of the country’s strictest abortion bans.

Without detailing their reasoning, the justices kept in place a lower court order that said hospitals cannot be required to provide pregnancy terminations that would violate Texas law. There were no publicly noted dissents.

The Biden administration had asked the justices to throw out the lower court order, arguing that hospitals have to perform abortions in emergency situations under federal law. The administration pointed to the Supreme Court’s action in a similar case from Idaho earlier this year in which the justices narrowly allowed emergency abortions to resume while a lawsuit continues.

The administration also cited a Texas Supreme Court ruling that said doctors do not have to wait until a woman’s life is in immediate danger to provide an abortion legally. The administration said it brings Texas in line with federal law and means the lower court ruling is not necessary.

Texas asked the justices to leave the order in place, saying the state Supreme Court ruling meant Texas law, unlike Idaho’s, does have an exception for the health of a pregnant patient and there’s no conflict between federal and state law.

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