Democrats enjoy discussing democracy, especially saying how Republicans, “Christian nationalists,” and anybody who challenges their ideology threatens it.
At least rhetorically, they seem to value democracy and believe majority rule is the best protection against tyranny.
In reality, they loathe democracy and will sabotage and destroy it. Democrats demonstrate this daily.
Simply look at their reaction to the Supreme Court reversing Roe v. Wade last month, which prompted over a dozen states to prohibit or restrict abortion.
These states’ citizens choose the lawmakers who passed this favorable new legislation. By reversing Roe, the court revived the democratic system, restoring power to the American people.
Legal Abortions?
Democrats don’t want equality on abortion, which they deem sacred. If necessary, they’ll use executive power to safeguard it from state politicians.
Merrick Garland wanted to sue states that have made illegal or curtailed abortion since Roe v. Wade fell.
He also said the Department of Justice would indeed attempt to get a judge to throw out a Texas lawsuit that’d stop new HHS rules forcing physicians to perform abortion services in emergency care.
Garland’s DOJ created a special task force last week to examine state restrictions that hinder women’s ability to access abortions in other places where the operation remains legal.
The task team will resist state initiatives to penalize federal personnel who perform “legal” abortions.
So what? Look at Ken Paxton’s suit against HHS. The administration is using EMTALA to force ER physicians to conduct abortions, even if it violates state laws.
EMTALA was approved in 1986 to prevent patient discharges or turning people away who just couldn’t pay. It necessitates healthcare facilities that obtain Medicare money (today, all of them) to treat emergency patients.
If you’re an ER doc anywhere in this country, and anyone comes in with a medical emergency, you treat them. You do it because of EMTALA and the oath you took. Neither Ken Paxton (TX) nor Samuel Alito can do a damn thing about that.
— Dr. Rob Davidson (@DrRobDavidson) July 14, 2022
The Texas lawsuit claims the Biden presidency is aiming to “turn every healthcare facility into a walk-in abortion clinic” and EMTALA does not enable the national government to compel healthcare professionals to conduct abortions.
Garland and HHS say EMTALA supersedes state law, but it’s uncertain what that means for the new requirements. EMTALA would preempt a state law prohibiting ERs from treating uninsured patients.
“Stabilizing Treatments”
Paxton’s lawsuit notes the law says nothing about abortion or which treatment options an ER must provide.
Medicare-participating hospitals must provide “stabilizing treatment” for “emergency medical conditions,” as defined in the law.
The president is within his authority in ordering hospitals covered by EMTALA to provide abortion services whenever the mother’s life is at risk: federal law on emergency treatment preempts state laws that ban abortions without risk-to-life exceptions. https://t.co/SE2De2aDvj
— Laurence Tribe (@tribelaw) July 15, 2022
For Democrats, representative laws are less important than administrative fiat. The Centers for Medicare and Medicaid Services released “guidance” on July 11 to reassure hospitals of EMTALA liabilities.
The guidance was preceded by a memo from HHS Secretary Xavier Becerra that added up to an abortion obligation for health facilities, asserting authority under EMTALA that just doesn’t exist in federal statute.
First, Becerra’s memo asserts if an ER doctor identifies that abortion is essential to stabilize an emergency health condition, the doctor must give it.
Becerra’s misleading assertion that EMTALA supersedes state abortion laws is refuted by the statute itself, which says it really doesn’t nullify state law “unless the mandate directly conflicts” with EMTALA.
Abortion isn’t required by EMTALA and isn’t considered “stabilizing treatment” for an “emergency medical condition.”
In a civilized nation, Texas would overcome this lawsuit handily and the Justice Department wouldn’t intervene.
Democrats are sabotaging democracy at the state and federal levels to perpetuate their abortion regime. They’re trying to bypass state abortion laws by distorting federal statutes unrelated to abortion.
Remember this when President Biden or another Democrat talks about “threats to democracy.” They prioritize power over democracy. They’ll utilize every ounce to further their policies, regardless of public opinion.
This article appeared in NewsHouse and has been published here with permission.
