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.

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

and

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.

21st-Century Medical Care Is for Everyone, Including Pregnant People

The Supreme Court has come down on the major abortion case Moyle v. United States, effectively dismissing the case and leaving pregnant women and healthcare providers in Idaho without answers.

I just had the privilege of experiencing the very best of American modern medicine this week for my knee surgery. We celebrate our American medical system as the best in the world—so why would we voluntarily decide to deny the care that I just received this past week to women in 21 states in our country?

Idaho Women Are Temporarily Safer—But This Is Not a Victory for Abortion Rights

On Thursday, the Supreme Court issued the official ruling in its final major abortion case of 2024, dismissing the consolidated cases of Idaho v. United States and Moyle v. United States. The Court’s dismissal temporarily upholds a lower court ruling that sided with the Biden administration in requiring that hospitals perform life and health-saving abortions where needed.

This is good news for obvious reasons—chief among them that “women don’t deserve to die or become disabled because they got pregnant in an anti-abortion state” really should not be up for debate. With this decision, Idaho individuals still won’t have basic abortion rights, but they will at least have the same rights as everyone else to be medically stabilized if they find themselves pregnant and in an emergency medical situation.

But this Court wouldn’t answer a vital question: Do pregnant women deserve the same medical treatment to save their lives and preserve their health as everyone else? It may not be the worst-case scenario, but it’s also not any sort of win.

SCOTUS Rejects Biden’s Bid for Emergency Abortion Care, Risking Lives of Women in Texas and Other Abortion Ban States

, , , and

The U.S. Supreme Court on Monday rejected a request from the Biden administration to send a dispute over emergency abortions in Texas back to the lower courts. The Court dealt with a set of similar cases out of Idaho in June without reaching a conclusive decision on the federal law in question, the Emergency Medical Treatment and Labor Act (EMTALA).

“Recently, the world has heard the story of Amber Thurman, a young woman who died because of Georgia’s extreme abortion ban,” said Noreen Farrell, executive director of Equal Rights Advocates. “Today’s punt by the Supreme Court will lead to more cases like Amber’s. … The Court is telling women in states with bans that need abortion care to save their life: ‘We don’t care.'”

The Hypocrisy of a Post-Roe Mother’s Day

This Mother’s Day—like the countless that have come before it—conservative politicians who fancy themselves members of the party that upholds “family values” will send out social media posts praising the moms among us. They’ll wax poetic about the “decision” to become a mother and how it’s the “most selfless, most important job in the world.” Some may even go so far as to task their speech writers with crafting some moving message about how vital mothers are; how we’re raising the next generation of prolific thinkers and world leaders; how we should be revered “not just today, but every day.” 

And in the post-Roe world they created with their anti-abortion policies that have forced people into motherhood, attacked IVF and fertility treatments, and left doctors terrified to treat pregnant patients to the point that women are slipping into comas, miscarrying in hospital lobby bathrooms and enduring unnecessary C-sections instead of receiving common abortion care, it will all be one big, giant pile of bullshit.