The language of the law makes it crystal clear that EMTALA protects patients in every state.
and allowed states to ban abortion, the Biden administration issued guidance reminding hospitals that EMTALA protects patients nationwide.
The state of Idaho is demanding the power to violate this federal law and overrule the judgment of doctors who know that abortion is sometimes necessary to stabilize a patient in an emergency.
Over the past two years, this case has worked its way through the courts. At different times, lower courts have prevented Idaho's ban from denying emergency abortion care in hospital ERs, but most recently the Supreme Court allowed Idaho's ban to be enforced even when it prohibits such emergency care as the court considers the case.
Meanwhile, Texas sued the federal government over EMTALA, insisting that patients must be denied emergency abortion access even when facing serious pregnancy complications that threaten their health and lives. The 5th Circuit Court of Appeals — the same court that has upheld abortion bans and attacks on mifepristone — agreed with Texas.
The Supreme Court will now decide whether to allow states to ignore EMTALA's federal protections for pregnant patients and deny emergency care for those patients who need abortions.
Who will this decision affect?
If a majority of the Supreme Court sides with Idaho, there will be dire consequences:
Pregnant people who are denied care, will suffer, face unnecessary risk to their lives, and may die.
Emergency room doctors across the country could be forced to refuse treatment to a pregnant person suffering a medical emergency — like their water breaking dangerously early, uncontrollable hemorrhage, pre-eclampsia (which could cause seizures or brain injury), sepsis, and more.
The U.S. is already in a maternal mortality crisis, with a maternal mortality rate higher than any wealthy country in the world. Black and Indigenous communities are hit hardest by this crisis. Black and Indigenous women are more likely to experience serious pregnancy complications and 2-3 times more likely than white women to die a pregnancy-related death.
What happens next?
The Supreme Court will hear the case today, and although it could issue a ruling at any time, it is likely to do so in June. In the meantime, the court is allowing Idaho to ignore EMTALA, putting the health and lives of patients at risk. We will keep you up to date as this case unfolds.
Lawmakers will keep pushing abortion bans, with dangerous and deadly consequences. The Biden administration has taken important steps to protect patients, but this case makes clear that federal policy is not enough. As long as the courts allow states to ignore federal protections, our health and rights will continue to be at risk.
What can I do?
For years, lawmakers hostile to abortion and other reproductive health care have successfully stacked our courts with judges and justices who think just like them. The Supreme Court's decision to let Idaho ignore EMTALA while this case proceeds is just another example of its willingness to strip people of their constitutional and civil rights.
Sign your name to join us in the call to reform our courts. Together, we will secure rights, opportunities, and reproductive freedom for all.
