if laws don't govern the practice of medicine then all abortion bans are automatically null & void. likewise for transgender healthcare bans.
The pregnant person who is in critical condition because of the ZEF should be treated as if she was shot: removal of the object that is killing them whether it is a bullet or a ZEF.
This dumbass ruling attempts to argue that the ZEF is a person DESPITE THE FACT it is legally not a person.
Unless I’m misreading there IS NO EQUAL STABILIZATION in EMTALA. Worse, there is no “just stabilize a gunshot victim and send them home with the bullet in them.”
5th Circuit is making shit up.
@feloneouscat not to mention it's literally impossible to stabilize someone with an ectopic pregnancy WITHOUT aborting that pregnancy. there isn't even an option to "stabilize both." so in that case, which is probably the most common circumstance calling for an emergency abortion, yes an abortion IS required by EMTALA.
As I have pointed out repeatedly, the Fifth Circuit makes a LOT of very dumb rulings. It is, if memory serves, the most reversed circuit court.
This is dumb because it ASSUMES that there is a second person to stabilize — there is not and any attempt to argue as such flies in the face that one must be born to be legally a person.
It’s just awful.
@dietotaku
This is a bad ruling for the following reasons: if you are in critical condition from a gunshot, they will remove the bullet, not just stabilize you.
BUT the Fifth Circuit of idiots said, “ We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations,”
No. A ZEF is not a person. There is no peer relationship. It’s a bullshit ruling.