Manatt Health Partner Randi Seigel was quoted in Law360 on a recent Fifth Circuit decision addressing states’ rights to provide abortion services, its relation to a Supreme Court case surrounding abortion medication and how similar litigation may restrict federal agencies’ regulatory authority.
In the article, Seigel explained that the Fifth Circuit’s decision prevents the U.S. Department of Health and Human Services (HHS) from enforcing its interpretation of the federal Emergency Medical Treatment and Labor Act (EMTALA) as it relates to abortion in Texas. She noted that although this could act as a basis to narrow EMTALA’s scope in the future, the decision more so “seems really focused on ensuring states retain the sole authority to regulate abortion access.” For the moment, the Fifth Circuit appears to be concentrated on limiting the issue of abortion to the state level, she said.
Read the complete Law360 article here.