[[link removed]] Ms. Memo: This Week in Women's Rights
April 24, 2024
From the ongoing fight for abortion rights and access, to elections, to the drive for the Equal Rights Amendment, there are a multitude of battles to keep up with. In this weekly roundup, find the absolute need-to-know news for feminists.
Idaho’s EMTALA Challenge Has Got Women Dead to Rights [[link removed]]
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The emergency room of the Harborview Medical Center on March 9, 2022 in Seattle. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services, regardless of ability to pay. (John Moore / Getty Images)
BY MARY ANNE FRANKS | People end up in emergency rooms for a variety of reasons. They’re having trouble breathing. They’ve suddenly developed chest pains. They’re bleeding uncontrollably. They’ve fallen off a roof, they’ve crashed their car, they’ve overdosed, they’re suicidal, they got stabbed in a fight, they got shot by police.
Some people who need emergency services are poor, or have no insurance, or are in the country illegally, or have committed a crime. Under the federal Emergency Medical Treatment and Labor Act (EMTALA), they are all entitled to receive emergency care. This law is based on a simple principle: Hospitals shouldn’t be allowed to let people die based on who they are, how much they can pay, or what they have done.
On April 24, the Supreme Court will hear oral arguments in Moyle v. U.S., a case that will determine whether individual states are allowed to exclude a single group from this basic protection: pregnant women. The state of Idaho claims that it has the right to forbid pregnant women and girls—and only pregnant women and girls—from receiving emergency care that could save their lives.
How, and why, would a state want to do this?
First, the how: In 2022, the Supreme Court ruled in Dobbs that forced childbirth does not violate the Constitution. This allowed Idaho’s 2020 “Defense of Life Act,” a draconian anti-abortion law, to go into effect. According to the law, anyone who performs an abortion faces imprisonment of up to five years in prison. Healthcare professionals who perform abortions will also have their professional licenses suspended or revoked permanently.
This puts the state law directly in conflict with federal emergency care law. EMTALA requires Medicare-funded hospitals (which most hospitals are) to provide medically necessary stabilizing treatment to any patient with an “emergency medical condition.” An emergency medical condition is one that, in the absence of immediate medical attention, is likely to cause “serious impairment to bodily functions,” “serious dysfunction of any bodily organ,” or otherwise puts the health of the patient “in serious jeopardy.”
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The Lie at the Heart of the Latest Supreme Court Abortion Case [[link removed]] Abortion Ranks Among Top Issues for Young Women Voters [[link removed]]
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Medical Records for Out-of-State Abortions Will Now Be Protected by HIPAA [[link removed]] New Title IX Rules Offer ‘Comprehensive Coverage’ for LGBTQ+ Students and Sexual Violence Survivors [[link removed]]
What we're reading
Because it's hard to keep up with everything going on in the world right now. Here's what we're reading this week:
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"Emergency
rooms
refused
to
treat
pregnant
women,
leaving
one
to
miscarry
in
a
lobby
restroom”
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Associated
Press
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[link removed] [[link removed]] Tune in for a new episode of Ms. magazine's podcast, On the Issues with Michele Goodwin on
Apple Podcasts [[link removed]] + Spotify [[link removed]] .
In this episode, we’re joined by the indomitable Lizz Winstead with a live studio in Washington, D.C. She bares all as we talk about the new documentary featuring her and Abortion Access Front (AAF), No One Asked You. From her childhood to her own abortion story, she tells it all, including what led her to found AAF.
We hope you'll listen, subscribe, rate and review today!
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