SCOTUS hears arguments in legal test of exceptions to state abortion bans

And Labor Act . It was created to stop hospitals from dumping patients without stabilizing them during an emergency. It has included abortion in the past but when the Health and Human Services Department issued a rule that it indeed did cover abortion care in some circumstances, the state of Idaho argued it was federal overreach.

The Biden administration has held that the Emergency Medical Treatment and Labor Act, or EMTALA, can cover abortion and Idaho’s law prevents doctors from performing them. The state of Idaho argues the law requires doctors to consider the life of the unborn child as well. This amicus brief filed by former Health and Human Services officials says “HHS has consistently interpreted the stabilizing care requirement in EMTALA to include abortion” and named “internal bleeding due to an ectopic pregnancy, emergent high blood pressure due to preeclampsia, and acute blood clots” as examples of when abortion might be indicated.

EMTALA Idaho Federal Supreme Court Emergency Law State

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