Politics
Texas emergency rooms not bound by Biden admin's guidance on emergency abortion, federal court rules
A federal appeals court ruled on Tuesday that the U.S. government does not have the authority to force Texas emergency room doctors to perform abortions if necessary to stabilize emergency room patients.
Reuters reported that the ruling sided with Texas in a lawsuit claiming the Biden administration was overstepping its authority on abortion.
A panel with the 5th Circuit Court of Appeals ruled unanimously on the matter as several lawsuits pertaining to when abortions can be performed in states with abortion ban exceptions for medical emergencies make their way through the courts.
In July 2022, the Biden administration issued guidance saying the Emergency Medical Treatment and Active Labor Act (EMTALA), which is a federal law that governs emergency rooms, can require abortion if it is necessary to stabilize a patient with a medical emergency, despite abortion being required in the state where the emergency room is located.
PREGNANT TEXAS WOMAN CHALLENGES STATE ABORTION BAN WITH LAWSUIT AFTER RECEIVING FETAL FATAL DIAGNOSIS
Anti-abortion demonstrators gather for a rally in Federal Building Plaza on June 24, 2023 in Chicago, Illinois. (Scott Olson/Getty Images)
The guidance was issued shortly after the U.S. Supreme Court overturned the landmark Roe v. Wade ruling in June 2022.
The overturning of Roe v. Wade turned power over to the states to allow, limit or ban abortion altogether.
TEXAS JUDGE RULES STATE’S ABORTION LAW IS TOO RESTRICTIVE FOR WOMEN WITH PREGNANCY COMPLICATIONS
Following the overturning of Roe v. Wade, state supreme courts will be a key battleground in the fight over abortion rights. (AP Photo/Matt York, File)
The ruling came in the court’s opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy.
A lower court agreed, in August 2022, that there was no mention in EMTALA on what a doctor should do if there is a conflict between the health of a mother and the unborn child. The court also agreed that the Texas abortion ban “fills that void” by including narrow exceptions to save a mother’s life or prevent serious bodily injury in some cases.
Writing for the 5th Circuit Court panel, Judge Kurt Engelhardt said EMTALA includes a requirement to deliver an unborn child, and it was up to doctors to balance the mother’s medical needs, as well as those for the fetus, while complying with state abortion laws.
TEXAS ABORTION BAN CHALLENGED AS ORAL ARGUMENTS BEGIN
A federal appeals court ruled that the U.S. government does not have the authority to force Texas emergency room doctors to perform abortions if necessary to stabilize emergency room patients. (iStock)
What the law does not provide, Engelhardt wrote, is an “unqualified right for the pregnant mother to abort her child.”
The 5th Circuit Court’s ruling upholds a lower court order that blocked enforcement of the Biden administration’s guidance in Texas, and against members of two anti-abortion medical associations anywhere in the U.S.
In December, a pregnant Texas woman whose baby had a fatal diagnosis asked a court to let her have an abortion, bringing what her attorneys said was the first lawsuit of its kind in the U.S. since Roe v. Wade was overturned.
The Texas Supreme Court denied the woman’s request. She ended up leaving the state to get the procedure.
Texas is one of 13 states that ban abortion at nearly all stages of pregnancy, and although Texas allows exceptions, doctors and women have argued in court that the state’s law is so restrictive and vaguely worded that physicians are fearful of providing abortions because they could face criminal charges.
Reuters contributed to this report.
Politics
Jordan grills Soros-backed DA Descano in heated spat over soft-on-crime policy: ‘This is almost laughable’
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House Judiciary Committee Chairman Jim Jordan, R-Ohio, tussled with high-profile Soros-backed Fairfax Commonwealth’s Attorney Stephen Descano over soft-on-crime policies that critics said let illegal immigrant criminals back on the street.
Descano was seated two spots away from Cheryl Minter, mother of Stephanie Minter, who was allegedly murdered by Sierra Leone national Abdul Jalloh at a bus stop not far from George Washington’s Mount Vernon.
Minter’s case, following several similar incidents and the failure by Descano or fellow witness Fairfax County Sheriff Stacey Ann Kincaid to honor ICE detainers, spurred lawmakers to haul them across the river to testify about the rapidly deteriorating safety of what the prosecutor called one of America’s safest counties.
Jordan began by pressing Kincaid on why she “let” illegal immigrant suspect Marvin Morales-Ortiz out of her jail: “Because the guy beside you wouldn’t prosecute him, right?”
HOUSE PANEL SUMMONS SOROS-BACKED FAIRFAX PROSECUTOR OVER RELEASES TIED TO VIOLENT ILLEGAL IMMIGRANT CASES
Fairfax County Commonwealth’s Attorney Steve Descano speaks at an event in Fairfax County, Va. (Sarah Voisin/Getty Images)
“You’d have to talk to him,” Kincaid replied, adding a judge later ordered his release, before bristling at Jordan’s follow-up question about law enforcement morale in Fairfax.
Jordan then turned to Descano, questioning changes to language on his website about considering immigration consequences in charging decisions.
Descano said the excerpt was part of a “campaign” statement and not an actual law enforcement policy, leading Jordan to incredulously ask whether people should believe his campaign statements will translate into policies upon election.
“That’s not what I’m saying,” Descano countered.
“This is almost laughable,” said Jordan. “This is your policy. You said it right here. You told the voters, if you elect me, I will take into account immigration consequences when making, charging and pleading [decisions].”
Descano’s exchange with next Republican to ask questions, Rep. Jeff Van Drew of South Jersey, also quickly escalated into near-shouting.
WAVE OF ALLEGED MIGRANT MURDERS IGNITES FURY ACROSS US AS OFFICIALS WARN OF MORE CARNAGE, CRACKDOWN NEEDED
Van Drew criticized sanctuary policies, including in his home Garden State, and told Minter that his own condolences could not do justice to what happened to her daughter in Descano’s territory.
He called the conditions in sanctuary jurisdictions “bizarro world” and asked the prosecutor if communities are safer when illegal immigrant criminals are deported or when they are released.
“Well, sir, that’s not –” Descano began before Van Drew cut him off. “Yes or no – I’m asking the questions.”
“You’re a human being. You’re sitting next to a woman who lost her daughter. Can you tell me if illegal criminals are removed from the country; if we’re safer,” Van Drew said, prompting a fiery response from Descano:
“To suggest I don’t care about what happens in my community…” he began before more crosstalk ensued.
“Dammit, answer my question,” Van Drew eventually fumed.
GRIEVING VIRGINIA MOTHER TELLS FAR-LEFT PROSECUTOR ‘DO YOUR JOB’ AFTER DAUGHTER STABBED TO DEATH
“Explain to the lady next to you (Cheryl Minter). Abdul Jalloh was charged in your county more than 40 times. Not four times. 40 times. Your office dropped the charges in almost every single case. That’s fact. We have it documented. We can look at it your own. Fairfax County Police Department wrote your office [in] May 2025 saying he had shown a, quote, ‘blatant disregard for human life and was a danger to the community’ and that if he wasn’t detained and deported, he would seriously hurt someone or kill someone,” Van Drew said.
“The very man went out and then killed someone. So the question is, couldn’t’ve we done better there?”
Another panelist also elicited occasional rifts with the lawmakers. Libertarian analyst David Bier of the Cato Institute often defended the idea of counties making their own decisions about whether to cooperate with federal law enforcement.
Part of Bier’s opening statement drew some eyebrows on X, as he appeared to suggest as much as 20% of Fairfax County’s population is deportable – when trying to argue against mass deportation.
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“The first step would be to give up on the mass deportation fantasy. About 1 in 5 Fairfax residents is someone who could be deported or who lives with them. It would destroy neighborhoods, rip Americans away from their spouses, parents, friends, families, customers, employees, employers, nurses, nannies, and teachers,” Bier said.
Bier also accused DHS of ignoring the Laken Riley Act and instead of “racially profiling Americans at Home Depot” and shooting people like Alex Pretti and Renee Good.
Politics
Newsom offers early peek at rosy budget projections
SACRAMENTO — Hours before Gov. Gavin Newsom is expected to present his budget plan on Thursday, his office released new projections of a $16.5-billion state revenue windfall over three years and offered a rosy outlook on California’s fiscal position during his final year in office and the year after.
Newsom’s office provided few details about his plan to reduce spending or other adjustments that he would need to propose in combination with the increase in revenue to eliminate projected deficits from 2026-27 through 2027-28.
The unusual early look at his budget proposal comes as Newsom begins to wind down his time at the state Capitol and considers a run for president in 2028.
Two weeks ago, the Legislative Analyst’s Office issued an analysis of state spending that said California could not, in the long term, afford to pay for existing services and the new programs that Newsom and Democratic lawmakers have enacted since he took office in 2019. State spending has outpaced California’s strong revenue growth by about 10%, creating a perennial budget shortfall, defined as a structural deficit.
California’s spending problem threatens to define Newsom’s fiscal legacy and could provide ripe fodder for his critics. If projections of the unexpected tax windfall, which analysts attribute to stock market interest in artificial intelligence companies, bear out, the upswing could mark a lucky break for Newsom.
The governor has largely resisted adopting new across-the-board tax increases or sharply curtailing his expensive policy proposals in order to align state spending with revenue.
His budget proposal includes a call to increase taxes on corporations by limiting state tax credits to no more than $5 million, or 50% of a company’s tax liability, beginning in the tax year 2027. No estimates were offered to explain how much revenue the new cap would bring in to support the state budget.
The preview of his budget has several new spending proposals, including providing $300 million to help low-income Californians keep $0 monthly premiums on healthcare coverage through the Affordable Care Act in response to cuts by the federal government, as well as $100 million to help wildfire victims afford construction loans to rebuild their homes. Two days before Mother’s Day, Newsom also introduced a plan to provide 400 free diapers for every California newborn at select hospitals beginning this summer.
Newsom is expected to present his budget in more detail late Thursday morning in Sacramento.
Politics
Denise Powell Wins Democratic Primary in Key Nebraska House Race
Denise Powell, a political organizer, won the Democratic primary election in a key Nebraska House district, according to The Associated Press.
She will face Brinker Harding, a Republican city councilman, in the general election, a pivotal contest in a battleground district that comes as Democrats try to recapture control of Congress this fall.
Representative Don Bacon, the Republican incumbent in the district and a frequent critic of President Trump, chose not to run for re-election, setting up a high-profile clash for an open seat in Omaha.
Ms. Powell narrowly triumphed in a competitive Democratic primary that centered on an unusual argument: that electing her chief rival, State Senator John Cavanaugh, could make it easier for Republicans to win the White House in 2028.
The argument stemmed from the way Nebraska allocates its electoral votes in presidential elections. Most states follow a winner-take-all approach, but Nebraska gives just two of its votes to the statewide winner, then gives one to the winner of each of its three congressional districts. In recent elections, the Omaha-area district has typically gone blue in presidential contests and awarded its electoral vote accordingly, even as the two other Nebraska congressional districts typically went to the Republican candidate.
That could make a difference in a close presidential contest.
State Republicans have tried to repeal the so-called blue dot system — named for the blue, liberal dot Omaha represents in a sea of Republican red — but Democrats in the State Legislature have been able to block that effort.
Mr. Cavanaugh’s opponents argued that if he won the House primary and left the State Senate, it would mean one fewer vote to keep the blue dot. Mr. Cavanaugh argued that the system was safe, and that Democrats were likely to be elected in other State Senate seats to compensate for his departure.
The argument may have been enough to help Ms. Powell to victory. A super PAC with ties to Republicans also spent against Mr. Cavanaugh.
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