The same court heard arguments in November on behalf of women who were denied abortions despite serious risks to their health if they continued their pregnancies; the justices have not ruled on that case.

In Texas, the state joined abortion opponents in a lawsuit to stop the guidance from taking effect and won at the district court level.

The California-based 9th Circuit has allowed use of the guidance to continue in an Idaho case, which is pending at the U.S. Supreme Court.

The opinion said language in the 1986 emergency care law requires hospitals to stabilize the pregnant woman and her fetus.

In the appellate hearing last November, a U.S. Justice Department attorney arguing for the administration said the guidance provides needed safeguards for women, and that the district court order blocking the use of the guidance was an error with “potentially devastating consequences for pregnant women within the state of Texas.”

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