The Biden administration told emergency room doctors they must perform emergency abortions when necessary to save a pregnant woman's health, following last week's U.S. Supreme Court ruling that failed to settle a legal dispute over whether state abortion bans override a federal law requiring hospitals to provide stabilizing treatment.
But enforcement in Texas, the country's most populous state with a strict six-week abortion ban, will still be on hold because of a lower court ruling. The emergency room is the last place that the Democratic White House has argued it can federally require rare emergency abortions to be performed, despite strict state abortion bans. After Roe v. Wade was overturned in 2022, and U.S. women lost the constitutional right to an abortion, HHS quickly sent letters to doctors, saying that they were required to provide abortions in emergency medical situations when they were needed to keep a woman medically stable.
For example, if a woman's water breaks during the second trimester, a condition known as a preterm premature rupture of membranes, the fetus may not be viable, and continuing the pregnancy means that the patient may risk developing sepsis, an infection that can be deadly. Latinas are more likely to be uninsured, lack access to prenatal care and live in states with abortion bans, she said. This is even more of a concern for Latinas with limited English language skills or who are in mixed immigration status families, she said.
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