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submitted 11 months ago* (last edited 11 months ago) by MicroWave@lemmy.world to c/news@lemmy.world

The ruling by a unanimous panel of fifth US circuit court of appeals comes amid a wave of lawsuits focusing on abortion exceptions

The US government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing Joe Biden’s administration of overstepping its authority.

The ruling by a unanimous panel of the fifth US circuit court of appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.

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[-] atomicorange@lemmy.world 127 points 11 months ago

Why the fuck would anyone want to ban medical emergency abortions? How would any sane person think this is a moral stance? The only goal is to kill women. How is this a mainstream political party’s stance?

Just declare open season on women already. Jesus Christ these people are fucking sick.

[-] MataVatnik@lemmy.world 75 points 11 months ago

Remember when Trump supporters said they didn't want to ban abortions? Remember when they said they just wanted to bam late term abortions? Remember when they said that they wouldn't ban medical emergency abortions? Or rape?

It's infuriating talking to these people, I remember how they were playing it of as the rest of us being crazy and projecting our own hysteria. What the fuck do we do with people like this? Trump tried to overturn the democratic process and people still support him. Similar with abortions they downplay and lie about what the consequences would be if he wins. Talking and reasoning with these people clearly does not work. I now understand more than ever how a country can spiral into something like Nazi Germany. And the only thing I learned is that there is very little you can do about it when these many people are this fucking stupid.

[-] dylanmorgan@slrpnk.net 30 points 11 months ago

What the fuck do we do with people like this?

In my less-charitable moments my ideas involve claw hammers.

[-] Donjuanme@lemmy.world 3 points 11 months ago

I just want to cut off their diabetes medicine and watch them suffer in front of their families.

[-] NotMyOldRedditName@lemmy.world 3 points 11 months ago* (last edited 11 months ago)

Just tell them there are nanochips in the insulin and you won't even need to cut them off.

[-] halcyoncmdr@lemmy.world 95 points 11 months ago

Sounds like TX doctors should start refusing to see any politicians or their families in the state. Let them handle it themselves.

[-] CMDR_Horn@lemmy.ml 46 points 11 months ago

They’d just pass a law stating that doctors must treat elected officials and their families.

[-] AstridWipenaugh@lemmy.world 58 points 11 months ago
[-] meat_popsicle@sh.itjust.works 9 points 11 months ago

They’ll just remove or loosen the licensing and education requirements to become a doctor. They had janitors and high school dropouts serving as teachers - why not have chiropractors or Christian Scientists perform surgery?

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[-] Milk_Sheikh@lemm.ee 56 points 11 months ago

Texas and the associations immediately sued the administration, saying the guidance interfered with the state’s right to restrict abortion [regardless of risk to the mother’s life in the ER]. A lower court judge in August 2022 agreed

Fuck me. What premise to hang a judicial argument on. They openly are fighting for “no exemptions, no matter what” and are willing to force doctors and nurses to break their medical oaths to do that, under color of law.

If you’re a medical professional who has any dealings with women, it’s time to leave Texas. The goals of the state, and yours as a medical practitioner, irrefutably do not align. Ken Paxton will hunt you down via lawfare, slander your name in public, and ruin your life if you dare to care for a dying patient that you can save from death.

[-] NotMyOldRedditName@lemmy.world 8 points 11 months ago

Ken Paxton will hunt you down via lawfare, slander your name in public, and ruin your life if you dare to care for a dying patient that you can save from death.

He's going to do it even if you don't live or practice in the state.

[-] Ghyste@sh.itjust.works 49 points 11 months ago

Time to pull all federal funding from that shithole state.

[-] Xtallll@lemmy.blahaj.zone 14 points 11 months ago

Not just pull funding, band federal spending.

[-] Kbobabob@lemmy.world 6 points 11 months ago

band federal spending

We already have The Best Damn Band In The Land!

Sorry, i couldn't help it

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[-] Wermhatswormhat@lemmy.world 49 points 11 months ago

This sounds like another one of those “well the state has no obligation to actually protect its citizens. So therefore you can’t force us to provide life saving procedures.” I am a dude and this just boils my blood. Maybe there is just no fixing that god forsaken state. Texas, Florida and Idaho.

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[-] IHeartBadCode@kbin.social 38 points 11 months ago

A lower court judge in August 2022 agreed, finding that Emtala was silent as to what a doctor should do when there is a conflict between the health of the mother and the unborn child

And that’s absolutely correct. This has been a big point about “codify Roe” that Congress hasn’t addressed.

The tenth amendment says that if Congress is silent on a point, State’s get to weigh in.

This has been an ongoing thing that folks have indicated for Congress to fix especially since 1992 when we had Casey, when literally SCOTUS dropped the hint that Congress really needs to step up on this massive missive.

I don’t like the ruling, but it’s absolutely the correct one. Biden gave it a shot but this one is completely on Congress to fix. The President can’t unilaterally attempt to fill in a blank that States have already filled in.

It’s this same power that allows California to command a lot of their environmental programs, to deny it to Texas would destroy a ton of protections California has created.

[-] magnetosphere@kbin.social 20 points 11 months ago

Maddening as this particular ruling is, you’re right. I want a fair government above all else, and fairness isn’t compatible with hypocrisy.

[-] squirmy_wormy@lemmy.world 2 points 11 months ago
[-] magnetosphere@kbin.social 16 points 11 months ago

Encouraging the rule of law when it’s applied to others, but being all about “individual freedom” and expecting special treatment when the law is applied to me. That’s what hypocrites do.

What I want are fair laws that are applied evenly to everyone. Then, at least I know that the system is just and reasonable, even if I personally don’t like the outcome of a particular case.

[-] tacosplease@lemmy.world 37 points 11 months ago

If the ruling went the other way those judges would be receiving death threats. Conservatives are not playing by the same rules as the rest of us. Something needs to change.

[-] trackcharlie@lemmynsfw.com 36 points 11 months ago

Is america actually a country or just a set of miniature nations that refuse to work together?

[-] PRUSSIA_x86@lemmy.world 30 points 11 months ago

It's actually 5-10 countries pretending to be 50 tiny countries pretending to be one big country.

[-] verdantbanana@lemmy.world 15 points 11 months ago

set of miniature nations that refuse to work together

through laws and policies and a militarized police force people are encouraged to stay where they are

[-] ZMonster@lemmy.world 9 points 11 months ago

The most "united" thing about the US is undoubtedly Citizens United. Otherwise, yep.

[-] Crashumbc@lemmy.world 4 points 11 months ago

In many ways they are less cohesive than the EU.

[-] bradorsomething@ttrpg.network 27 points 11 months ago

That will teach her to try to protect her life and fertility!

[-] PrincessLeiasCat@sh.itjust.works 25 points 11 months ago

Okay sooooo I’m a woman in Texas and….yeah. Cool. Cool cool.

[-] CyberDine@lemmy.world 8 points 11 months ago

Y'all have to general strike or something

[-] GiuseppeAndTheYeti@midwest.social 6 points 11 months ago

It's easy for me to say, being that I'm a man living in Illinois, but if you're a woman living in Texas that can get pregnant what justification do you have for not leaving? The state is maybe not literally trying to kill you, but something like an accidental conception resulting in an ectopic pregnancy is a literal death sentence in Texas.

And if I'm not mistaken they can even chase you down and jail you if you "decide" to leave the state to pursue an abortion in that situation.

[-] PrincessLeiasCat@sh.itjust.works 5 points 11 months ago

It’s a valid question. I can only do my job here, it’s a very specialized area. Maybe one other place in the US, but I’d have to go overseas for anything else.

I am married and so it’s not just me moving. We are child free and I have talked to my doctor about getting those parts removed to avoid the issue altogether, but she says that the combination of my age plus my type of contraception (IUD), I should be okay.

And I have offers to take a holiday and “visit friends” in other states/countries if I should need to. I’m lucky in that respect.

I hate it here but given everything I just said, I feel okay with staying until I’m able to retire and gtfo. Until then, I’ll keep voting against these assholes and hoping that more and more folks will begin to do the same until they’re gone.

[-] HawlSera@lemm.ee 22 points 11 months ago

State laws to nullify federal laws are already unconstitutional

[-] seejur@lemmy.world 4 points 11 months ago

From my understanding there is no federal law, that's why the repeal by the supreme Court was so bad

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[-] Smacks@lemmy.world 20 points 11 months ago

They need those unplanned pregnancies to make future republicans

[-] PedroMaldonado@lemmy.world 19 points 11 months ago

The cruelty is the point of it. Fuck these people.

[-] werefreeatlast@lemmy.world 15 points 11 months ago

Just a suggestion for all Texan women.... Have no kids, don't get pregnant..ei, hold back sex until the men of your state join you in a big ass pro-women march. One so big that Trump would talk about how hooch it was.

[-] Pratai@lemmy.ca 13 points 11 months ago

America needs to ban Texas. ASAP.

[-] toiletobserver@lemmy.world 12 points 11 months ago

May the people who enabled this get unplanned pregnancy after pregnancy.

[-] Erasmus@lemmy.world 8 points 11 months ago

The ones who enabled this won’t though.

Hard right conservative males are not going to get pregnant.

[-] Cosmonauticus@lemmy.world 10 points 11 months ago

Let's not act like there isn't a huge amount of women who enabled this. 52% of white women voted for Trump and one of his biggest campaign promises was repealing Roe v Wade.

Some women are fine with this until it suddenly affects them individually

[-] APassenger@lemmy.world 4 points 11 months ago
[-] funkless_eck@sh.itjust.works 7 points 11 months ago

the key story from this, to me, is the woman protesting outside a clinic every day, comes in one day to get an abortion, and then goes back to join the picket line.

[-] captainlezbian@lemmy.world 2 points 11 months ago

Part of what gets me about it is that I totally understand how they wind up like that. Lapses are acceptable in Christianity, but committing to sin isn’t. Add in the fact that completely changing your mind and lifestyle is hard and slow, especially when it comes with confessing those changes to your social circle knowing you will be rejected for it. Furthermore Christians love people who are desperate and in moral and social turmoil, they prey on such people. So when she felt that way she already believed in that, so they might’ve even tightened their hold on her.

[-] FuglyDuck@lemmy.world 4 points 11 months ago* (last edited 11 months ago)

Anatomicaly impossible, Mr. Garibaldi. But you’re welcome to try.

-the assholes

[-] Telodzrum@lemmy.world 11 points 11 months ago

Fifth Circuit? Shocker

That whole bench needs to be reseated.

[-] Muyal@lemmy.world 4 points 11 months ago

BuT wE hAvE FrEeDuMb!!!!

[-] verdantbanana@lemmy.world 4 points 11 months ago* (last edited 11 months ago)

all states have started to do things on a state by state basis unless the federal law is favored

policing, abortion, insurance, wages, cannabis are all state by state issue

federal is out the window just look at voting you get to vote on who your state decides to put on the ballot

not everyone in texas decided this the politicians did look at Ohio recently it does not listen to what people vote for

obama, trump, and biden all support states rights that is just the last three presidents

[-] captainlezbian@lemmy.world 7 points 11 months ago

Yeah if texas can amend their constitution by ballot initiative, as an Ohioan I recommend they learn from us. It’s basically the only way we get what we want since we’re so gerrymandered

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this post was submitted on 03 Jan 2024
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