LUBBOCK, Texas — A federal judge in Lubbock blocked the Department of Health and Human Services from enforcing new guidance on abortions in Texas.

The ruling in Lubbock, a preliminary injunction, also covered to two groups of pro-life medical professionals nationwide.

United States District Judge James Wesley Hendrix issued his ruling Tuesday. The most recent abortion controversy between Texas and the federal government began June 24 when the United States Supreme Court, in Dobbs v. Jackson, overturned Roe v. Wade and, “The authority to regulate abortion must be returned to the people and their elected representatives.”

Just prior to Dobbs, the federal government issued guidance and a letter based on a federal law called Emergency Medical Treatment & Labor Act (EMTALA).

Judge Hendrix in Lubbock agreed with the State of Texas, the American Association of Pro-Life OB/GYNs (APLOG) and the Christian Medical & Dental Association (CMDA). They claimed the guidance went too far in going against Texas law, was not consistent with the original federal law and public comment procedures were circumvented.

Judge Hendrix agreed with testimony in the case that, “The conditions covered by the abortion mandate are broader than life-of-the-mother situations and include elective abortions where the woman’s life is not at stake.”

The judge also agreed that the rights of pro-life medical professionals were violated by the recent federal guidance.

“AAPLOG, CMDA and their members oppose elective abortions,” the judge ruled. “And by circumventing the notice-and-comment procedures, they were deprived of opportunity to voice their medical, ethical, and religious objections to the abortions required under the Guidance’s interpretation of EMTALA.”

The court noted that Texas law allows a physician to abort when required to save the life of the mother. The law requires a doctor to provide the best opportunity for the unborn child to survive without putting the mother at further risk.

Click here to read a copy of the ruling.