Tag: EMTALA

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments to provide a medical screening examination to any individual who comes to the emergency department and requests such an examination, and prohibits hospitals with emergency departments from refusing to examine or treat individuals with an emergency medical condition.

‘Women Are Afraid to Get Pregnant’: How the Texas Abortion Ban Denies Life-Saving Care

Kyleigh Thurman and Kelsie Norris-De La Cruz are the latest Texan women to file complaints or lawsuits after suffering harm to their reproductive health after the state enacted a near-total abortion ban.

“These women are examples of how scared, terrified and confused providers are even with the Texas law redefining that it’s legal that an ectopic pregnancy is a medical exception,” said Austin Dennard, a Dallas OB-GYN. Abortion bans in states like Texas are making doctors hesitate to provide life-saving care and “stealing the joy out of pregnancy,” she said.

As President, Harris Could Not Easily Make Roe v. Wade Federal Law—But She Could Still Make It Easier to Get an Abortion

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There is much that a potential Harris administration and Congress could do to offset the impact of the Supreme Court’s 2022 Dobbs ruling.

Congress could amend existing federal laws—starting with repealing the Hyde Amendment, which prohibits federal money from being used to fund abortions, or the Comstock Act, a Victorian law which some judges have interpreted as prohibiting the mailing of abortion pills. Congress could also enact legislation that protects the right to interstate abortion travel. Or Harris could ask Congress to pass a law that would guarantee the same kind of access to mifepristone that the FDA currently allows.

What Does the ‘Pro-Life’ Movement Care About?

When the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health and overturned Roe v. Wade, there was a lot of talk, mostly from “compassionate conservative” abortion opponents, about what was next. It would be necessary, these abortion opponents argued, for the pro-life movement and perhaps even the Republican Party to finally turn its focus to actually helping women and babies. The country would be remade into one reflecting a broader “culture of life.” We were going to get a bipartisan pro-family agenda. Abortion wouldn’t just become illegal; the nation would be so welcoming to pregnant women that abortion would simply be unthinkable.

None of that has happened.

Keeping Score: Court Blocks Student Loan Relief Plan; Former N.Y. Cop Sentenced 10 Weekends in Jail After Child Rape; Trump’s ‘Tampon Tim’ Jab Backfires

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: Kamala Harris reaffirmed her candidacy for president at the DNC; Republican-appointed judges strike down Biden’s student loan relief plan; a new law bans women from speaking in public in Afghanistan; working moms earn just 71 cents per dollar earned by dads; understanding the orgasm gap; gold-medalist boxer Imane Khelif fights back against racist and sexist abuse; new reproductive rights bills signed into law in Illinois; and more.

Two More Texas Women Say Delayed Care Due to Abortion Laws Endangered Their Fertility

Two women have filed federal complaints against Texas hospitals they say refused to treat their ectopic pregnancies, leading both women to lose their fallopian tubes and endanger their future fertility.

Texas law allows doctors to terminate ectopic pregnancies, a condition in which the fertilized egg implants in the fallopian tubes, instead of the uterus. Ectopic pregnancies are always non-viable and can quickly become life-threatening if left untreated. Despite these protections, these women say they were turned away from two separate hospitals that refused to treat them. The complaint alleges that the doctors and hospitals are so fearful of the state’s abortion laws, which carry penalties of up to life in prison when violated, that they are hesitating to perform even protected abortions.

“Texas officials have put doctors in an impossible situation. It is clear that these exceptions are a farce, and that these laws are putting countless lives in jeopardy.”

Despite Recent Legal Wins, Abortion Access Is Still at Risk

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Abortion legislation in the U.S. has, from the outset, been motivated by political and economic ends, rather than health and safety.

While there have been some positive decisions on abortion access in the United States in the past month, there is still an overwhelming amount of confusion regarding abortion medication and reproductive legislation.

Decades of clinical and epidemiologic evidence documenting the experiences of millions of people over a quarter century have demonstrated the safety and effectiveness of abortion medication. Still, many people are scared to use it.

Supreme Court’s Blow to Federal Agencies’ Power Will Likely Weaken Abortion Rights. Here Are Three Issues to Watch.

One of the Court’s most significant decisions of 2024 was Loper Bright Enterprises v. Raimondo. In a reversal of 40 years of precedent, courts—not agencies—will have the last word on interpreting federal law.

In her Loper dissent, Justice Elena Kagan wrote: “In every sphere of current or future federal regulation, expect courts from now on to play a commanding role.” Kagan’s dissent raises the specter of judges across the country—not doctors or scientists or educators, nor even politicians, who at least must answer to the public—playing a “commanding role” in reproductive rights policy.

The Supreme Court Left the Door Open for Attacks on Emergency Medical Care

The Supreme Court handed down its decision on EMTALA last week and vacated the case. This conclusion—at least temporarily—protected a small sliver of the safety net that pregnant patients can count on for care. For the time being, this means that patients in need of emergency abortion care will no longer need to be airlifted out of Idaho, which has been happening since the start of 2024. You would think this decision would be comforting.

It is not.

Instead of doing what it should have done, which was affirm that pregnant people have the same protections as anyone else, the Supreme Court sent the case back to the lower courts and left the door open for other extremists to bring this argument again.

EMTALA Dissents: Jackson Warns of ‘Storm Clouds’ for Pregnant Women, While Conservatives Long for Fetal Personhood

The Supreme Court’s dismissal of the EMTALA case drew the fierce ire of Justice Ketanji Brown Jackson. Warning of the “storm clouds [that] loom ahead,” Jackson condemned the Court’s failure to resolve the case on the merits, in accordance with the long-settled principle that “state laws that conflict with federal laws, are ‘without effect.’”

In an alternate dissent, the Court’s hardcore conservative justices—Alito, Thomas and Gorsuch—paid homage to the unborn child.