Jan 3, 2024
A federal appeals court completely abandons Texas residents with bombshell ruling against emergency life-saving abortions. John Iadarola and Francesca Fiorentini break it down on The Damage Report.
- 5 minutes
US Court of Appeals has ruled that the US
government cannot enforce federal guidance
in Texas.
Requiring that emergency room
doctors perform abortions if
necessary to stabilize
patients during emergencies.
The Biden administration had,
back in July of 2022,
[00:00:16]
issued guidance stating that the Emergency
Medical Treatment and Active Labor Act,
a federal law governing emergency rooms.
Can require abortion when necessary
to stabilizes a patient with
a medical emergency,
even if in that state, abortion is banned.
Texas and associations immediately
sued the administration,
[00:00:33]
saying the guidance interfered with
the state's right to restrict abortion.
So opponents of the guidance said
this wasn't even necessary, you see,
because Texas law already allows
abortion to save the life of the mother.
But that the federal guidance
went too far, calling for
[00:00:50]
abortions when an emergency
condition is not present and
eliminating obligations to
treat the unborn child.
So, Francesca,
I just think that the ruling is terrible.
But coming not just a couple weeks
after the Kate Cox situation,
[00:01:05]
how laughable is the argument
from these anti-abortion forces?
You don't need to do that.
We're already being responsible.
We already have a loophole to
save the life of the mother.
It in practice means absolutely nothing.
It's dog crap.
[00:01:21]
But we have it.
So the Biden administration
doesn't need to get involved.
And so this is effectively saying
that Texas gets to choose.
There will be no federal guidance
to potentially save lives.
And we will still have a situation where
if you develop a medical emergency that
[00:01:36]
risks either your health,
your life, your reproductive future.
I hope that you have money or
that the media decides to pay attention
to your case so
you can raise a little bit of money.
To travel to an actual civilized land to
get the abortion that's necessary to save
your life.
[00:01:51]
So that's what we've got right now.
What do you think?
>> Speaker 2: It's evil and
cruel and par for
the course when it comes
to Republicans and
Republican appointed justices,
as in the Fifth Circuit,
[00:02:08]
I guess,
presiding judge was a W Bush appointee.
It is going to cost
more women their lives.
People will die because of this.
And that's stuff we've all gone over.
It will also, I think,
cost Republicans the state of Texas.
[00:02:25]
I think that women in the state
of Texas are already fired up.
They're angry and they're gonna be voting.
And I would watch my
back if I were Ted Cruz,
if I were Greg Abbot,
if I were Dan Patrick.
[00:02:43]
These fools know exactly,
they're reaping what they sow, and
it's gonna come for them real hard.
Trust me, it will.
People will die.
There will be a lot of sad and
upsetting stories.
And we need to focus and
donate and support and
[00:02:59]
help women flee if they need to flee,
we need to fight.
But it will come back to bite
Republicans in the butt electorally.
And I cannot wait for
Texas to actually go blue.
[00:03:14]
>> Speaker 1: So
I love the case that you're making, and
I think that there is good evidence
that this is electorally motivating.
We've seen even in red states, their
attempts to ban abortion have not gone
their way when they've actually
left it to the people.
[00:03:30]
>> Speaker 2: Yeah.
>> Speaker 1: That said, we have
been waiting for Texas for years and
years at this point, and still.
>> Speaker 1: [CROSSTALK]
>> Self promoters like Ted Cruz managed to
get re-elected.
That's really the one where theoretically,
I think you're.
[00:03:46]
Are you saying that you think Texas could
potentially flip blue in the presidential
election or
are you saying that Ted Cruz might?
>> Speaker 2: I don't know about
the presidential election, but
I think more on local level stuff, yeah.
In terms of Cruz and Abbott.
>> I hope so.
>> Speaker 2: Texas is
already purple we know that.
[00:04:02]
It's really interesting to see also
all the counties that voted for
Beto in the last election
against Ted Cruz.
They're all border counties, all of them.
It is really important also to remember
that the other thing that Texas has is,
right, the so called border crisis,
[00:04:19]
which people on the border
do not think is a crisis.
They understand that militarizing
the border is not good.
It's stealing their land.
They don't need it.
They need like, come on, watch.
Cuz, yes, it's been a long time,
but it's slowly turned purple.
[00:04:36]
And I think that purple
will get deeper and deeper.
>> Speaker 1: Look, I certainly hope so.
You've got the massive issues power
grid that they're just deciding for
the purposes of profit of the energy
companies they're not gonna fix.
That said, they've also remember
they passed their bill to
suppress the vote even
more a couple years ago.
[00:04:53]
So they're hoping that how unpopular
they are gets swamped by how hard it is
to vote in Texas.
>> Speaker 2: That's right.
>> Speaker 1: See,
we'll definitely be looking.
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