The judge held that states can favor the life of the fetus over the health of the patient.
For instance, many women experience premature rupture of membranes, during which the amniotic sac ruptures before viability. This condition often leads to septic infection—which, in turn, can cause cardiac arrest as well as lung and kidney failure. Preeclampsia, another common complication in which a pregnant patient’s blood pressure spikes to dangerously high levels, poses similar problems.
Since EMTALA, as interpreted by the Biden administration, has broader health requirements than Texas law, it should preempt the state’s abortion ban. Hendrix, however, resisted this conclusion by zeroing in on a provision of EMTALA that specifies care for pregnant women. Hospitals, the statute says, must treat “the woman or her unborn child” if they are in “serious jeopardy.
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