TEXAS v. BECERRA

No. 23-10246.

89 F.4th 529 (2024)

State of TEXAS; American Association of Pro-Life Obstetricians & Gynecologists; Christian Medical & Dental Associations, Plaintiffs-Appellees, v. Xavier BECERRA; United States Department of Health and Human Services; Centers for Medicare and Medicaid Services; Karen L. Tritz; David R. Wright, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED January 2, 2024.


Attorney(s) appearing for the Case

Natalie Deyo Thompson (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Sara Baumgardner , Office of the Attorney General of Texas, Austin, TX, Amy Snow Hilton , Assistant Attorney General, Office of the Attorney General, Special Litigation Division, Austin, TX, Christopher D. Hilton , Assistant Attorney General, Stone Hilton, P.L.L.C., Austin, TX, for Plaintiff-Appellee State of Texas.

Ryan L. Bangert (argued), Matthew Scott Bowman , John J. Bursch , Alliance Defending Freedom, Washington, DC, Julie Marie Blake , Senior Counsel, Alliance Defending Freedom, Lansdowne, VA, for Plaintiffs-Appellees American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations.

McKaye Lea Neumeister (argued), Nicholas S. Crown , Michael S. Raab , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Christopher Robert Healy, Esq. , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants.

Rachel Neil, Office of the County Counsel for the County of Santa Clara, San Jose, CA, for Amici Curiae County of Santa Clara, California, Travis County, Texas, King County, Washington, County of Milwaukee, Wisconsin, County of Marin, California, County of Monterey, California, County of Los Angeles, California, City of Austin, Texas, City of Madison, Wisconsin, City of Northampton, Massachusetts, City of Philadelphia, Pennsylvania, City and County of San Francisco, California.

Karli Eisenberg, Office of the Attorney General, Healthcare Rights and Access, Sacramento, CA, for Amici Curiae State of California, State of New York, State of Arizona, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Washington, Washington District of Columbia.

Shannon Rose Selden, Esq., Adam B. Aukland-Peck, Debevoise & Plimpton, L.L.P., New York, NY, Jeffrey B. Dubner, Skye Lynn Perryman, Democracy Forward Foundation, Washington, DC, for Amici Curiae American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, Society for Maternal-Fetal Medicine.

Rebecca R. Messall, Messall Law Firm, L.L.C., Maple Grove, MN, for Amicus Curiae Life Legal Defense Foundation.

Deborah Jane Dewart, Attorney, Hubert, NC, for Amicus Curiae Institute for Faith and Family.

John Marc Wheat, General Counsel, Advancing American Freedom, Incorporated, Washington, DC, for Amici Curiae Advancing American Freedom, 40 Days For Life, American Values, Anglicans For Life, Center For Political Renewal, Center For Urban Renewal And Education, Charlie Gerow, Christians Engaged, Global Liberty Alliance, International Conference Of Evangelical Chaplain Endorsers, James Dobson Family Institute, Minnesota Family Council, Missouri Center-Right Coalition, Montana Family Foundation, My Faith Votes, National Center for Public Policy Research, New Jersey Family Policy Center, Frontline Policy Council, Project 21 Black Leadership Network, Samaritan's Purse, Students for Life of America, Christian Law Association, Cornwall Alliance For The Stewardship Of Creation, Family Foundation, Justice Foundation, Young America's Foundation.

Gene C. Schaerr, Cristina Martinez Squiers, Schaerr Jaffe, L.L.P., Washington, DC, for Amicus Curiae Charlotte Lozier Institute.

Steven H. Aden, Americans United for Life, Washington, DC, for Amicus Curiae Americans United for Life.

Brennan Tyler Brooks, Esq., Senior Trial Counsel, Thomas More Society, Chicago, IL, for Amici Curiae Catholic Health Care Leadership Alliance, Catholic Medical Association, Catholic Benefits Association, Catholic Bar Association, National Catholic Bioethics Center, Christ Medicus Foundation, National Association of Catholic Nurses-USA, Texas Catholic Conference of Bishops.

Before Southwick, Engelhardt, and Wilson, Circuit Judges.


The Emergency Medical Treatment and Active Labor Act of 1986 ("EMTALA"), 42 U.S.C. § 1395dd, requires hospitals with emergency departments that receive Medicare reimbursement to provide a medical screening and, if an emergency medical condition exists, necessary stabilizing treatment or an appropriate transfer...

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