Supreme Court to Hear Another High-Stakes Abortion Case this Week

The Supreme Court will hear a case on Wednesday surrounding the Biden administration’s attempt to require emergency room doctors to perform abortions under its interpretation of the Emergency Medical Treatment and Labor Act of 1986 (EMTALA).

After the Supreme Court overturned Roe v. Wade, which had invented a constitutional “right” to abortion, the Department of Health and Human Services (HHS) issued guidance claiming that EMTALA requires doctors to perform abortions on patients in emergency rooms when it is “the stabilizing treatment necessary” to help in a medical emergency. Under the guidance, hospitals not in compliance could lose funding and the ability to participate in Medicaid.

Thank you for referencing that article ChicagoConservative27.

"... the Emergency Medical Treatment and Labor Act of 1986 (EMTALA)."

FR: Never Accept the Premise of Your Opponent’s Argument

Noting that the word emergency isn't found in the Constitution any more than abortion is, the EMTALA is an unconstitutional federal law imo, presumably another ploy by desperate Democrats and RINOs to try to win the votes of pro-abortion voters to stay in power.

Such post-17th Amendment (popular voting for federal senators) ratification voters have probably never been taught about the fed's constitutionally limited powers, including limited power to appropriate taxes.

In fact, note that the so-called "federal" funding that hospitals who don't comply with the law may lose is arguably unconstitutional federal taxes facilitated by federal abuse of its 16th Amendment (direct taxes) power, money that should never have been taken out of people's wallets imo.

"16th Amendment : The Congress shall have power to lay and collect taxes on incomes, from whatever source derived [emphasis added], without apportionment among the several States, and without regard to any census or enumeration."
“If the tax be not proposed for the common defence, or general welfare, but for other objects, wholly extraneous, (as for instance, for propagating Mahometanism among the Turks, or giving aids and subsidies to a foreign nation, to build palaces for its kings, or erect monuments to its heroes,) it would be wholly indefensible upon constitutional principles [emphases added].” — Justice Joseph Story, Commentaries on the Constitution 2 (1833).
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
From the congressional record:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)
Pelosi: "We have to pass the bill so that you can find out what is in it." (non-FR; 6 sec.)
Democrats [and RINOs] Are Terrified Of An Educated And Informed Public (3.12.23)

I would venture to say that the number of emergency medicine physicians trained in abortion is near zero. Abortion is never a medical emergency. Delivery of a baby sometimes is. If a hospital has OB capabilities, all pregnant patients with emergencies are sent to the OB department. If not, even under EMTALA patients can be transferred to an appropriate facility, sometimes with an ER doctor in the ambulance. This is to give the baby the best chance of survival as well as the mother.

Performing a “proper” abortion would necessitate killing the baby before you delivered it. This takes time and “skills” that few, if any emergency physicians have or are willing to perform.

Obviously, this administration is not beyond trying to compel people do things they don’t want to do. This, however, will shut down emergency departments throughout the country. Emergency physicians as a group will not sign on for this, and hiring a separate practitioner to be available 24 hours a day in every facility would be cost prohibitive.

Just my two cents,
Love,
02

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