Preliminary injunction in Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex.)

Title
Preliminary injunction in Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex.)
Memo #
QS0-22-23-ALL
Posting Date
2022-08-25
Summary
Pursuant to the preliminary injunction in Texas v. Becerra, No. 5:22-CV-185-H (N.D. Tex.), HHS may not enforce the following interpretations contained in the July 11, 2022, CMS guidance (and the corresponding letter sent the same day by HHS Secretary Becerra): (1) HHS may not enforce the Guidance and Letter’s interpretation that Texas abortion laws are preempted by EMTALA; and (2) HHS may not enforce the Guidance and Letter’s interpretation of EMTALA—both as to when an abortion is required and EMTALA’s effect on state laws governing abortion—within the State of Texas or against the members of the American Association of Pro Life Obstetricians and Gynecologists (AAPLOG) and the Christian Medical and Dental Association (CMDA).