Pro-Life Court Victory in Texas
Amicus Brief of CHCLA, Christ Medicus and Other Pro-Life Health Organizations Cited
Statement by Louis Brown, Esq., Executive Director of the Christ Medicus Foundation
On Monday, the Catholic Health Care Leadership Alliance (CHCLA), Christ Medicus Foundation (CMF), and other pro-life Catholic organizations submitted an amicus brief in support of the federal lawsuit that the American Association of Pro-Life OBGYNs (AAPLOG), Christian Medical and Dental Association (CMDA), and State of Texas filed. The lawsuit was filed to stop the federal government’s recent regulatory action which coerced emergency departments into performing abortions. Thank God, last night [August 23], that federal district court ruled in favor of AAPLOG, CMDA, and Texas, and blocked the federal government’s regulatory guidance thereby stopping this attempt to coerce abortions in emergency departments in the State of Texas, for now.
Cited in the Court’s opinion was the amicus brief of the Catholic Health Care Leadership Alliance, Christ Medicus, and other pro-life health care related organizations. In the amicus brief, CHCLA highlighted the fact that this HHS mandate is directly contrary to the intent of the federal emergency medical treatment law: “To assert that abortion – is permitted, or even required, under EMTALA is contrary to the unambiguous text and intent of the statute.” CHCLA’s amicus brief appropriately argued that the federal Department of Health and Human Services’ attempt to require the intentional killing of unborn children by emergency departments not only violates EMTALA and fails to recognize the dignity of the unborn, but also violates the civil rights of religious freedom and medical conscience of Catholic health professionals, Catholic hospitals, and other medical professionals and health care entities who can provide safe and wholistically ethical treatment for women in all emergency pregnancy complications while refraining from the intentional killing of unborn persons.
The AAPLOG, CMDA and the Texas lawsuit was filed against the U.S. Department of Health and Human Services’ (HHS) recent guidance under the Emergency Medical Treatment and Active Labor Act (EMTALA). Contrary to established federal law, this HHS guidance requires medical professionals and health care entities to perform abortions in some circumstances as a response to emergency complications that arise during a mother’s pregnancy. The U.S. District Court in this case ruled that HHS acted unlawfully because there is no authority under EMTALA for HHS to coerce emergency departments to perform abortions.
Christ Medicus Foundation applauds the federal district court for upholding the rule of law, for affirming the dignity and civil rights owed the unborn and women with emergency pregnancy complications, and we applaud the court for recognizing the civil rights of conscience and religious freedom for medical professionals and health care entities in the state of Texas. We are grateful to AAPLOG, CMDA, the State of Texas, and the CHCLA for standing up for life. We hope that this unlawful HHS regulatory guidance will be enjoined across the country and eventually withdrawn by HHS.