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Dr. Rachel T. Kaiser, a physician in Tennessee, is facing potential fines exceeding $100,000 due to her pro-life stance in the emergency room. In Tennessee, abortion is allowed only when the mother's life or health is at risk. If a woman arrives at her ER after taking an abortion pill, Kaiser would stabilize her and attempt to save the unborn child. However, these actions might lead to penalties under a Biden administration mandate requiring doctors to perform abortions in some emergencies.
The Catholic Medical Association (CMA) has filed a lawsuit challenging this mandate through Alliance Defending Freedom (ADF). The lawsuit argues that the mandate infringes on conscience rights and exceeds executive authority. Filed in the U.S. District Court for the Middle District of Tennessee, Nashville Division, it questions whether federal bureaucrats should compel doctors or hospitals to end unborn lives.
Matt Bowman from ADF stated: “Doctors — especially in emergency rooms — are tasked with preserving life.” He emphasized that federal law does not grant authority for such mandates and highlighted that EMTALA requires stabilization of medical conditions threatening both mother and unborn child.
Bowman added that pro-life doctors can provide quality care without directly ending unborn life: “(Catholic doctors) recognize that sometimes in the process of providing emergency care to a pregnant woman that the child may die.” He mentioned treatments for ectopic pregnancies as examples where states allow necessary actions to preserve maternal life.
The lawsuit also argues against creating national care standards via EMTALA and highlights how the mandate burdens CMA members' religious beliefs by involving them in what they call an "abortion-product chain." It points out issues arising from mailing abortion drugs and subsequent complications directed toward local ERs.
Previous lawsuits have seen religious medical organizations win exemptions from this mandate. The 5th Circuit ruled against enforcing it on certain groups within Texas. ADF aims not just for exemptions but seeks nationwide elimination of this rule.
As political changes unfold, there is hope for policy reversal before court proceedings conclude. Bowman expressed optimism about potential administrative changes restoring previous understandings of EMTALA while ensuring protection against enforcement during interim periods.
Zoey Maraist reports from Virginia for OSV News.
