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.
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.
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.