EMTALA: The Supreme Court's next big abortion case

Source link : https://www.reprotruth.com/p/emtala-the-supreme-courts-next-big

On April 24, the consolidated cases Idaho v. United States and Moyle v. United States will be heard at the U.S. Supreme Court. “This case concerns whether a State can prevent pregnant women from receiving the essential emergency medical treatment that federal law guarantees to all Americans” under the Emergency Medical Treatment and Labor Act (EMTALA). [1]

“EMTALA’s promise is limited but profound: No one who comes to an emergency room in need of emergency medical care should be denied the treatment required to stabilize her condition. For some pregnant women suffering tragic emergency complications, the only care that can prevent grave harm to their health is termination of the pregnancy. In those circumstances, EMTALA requires participating hospitals to offer such care—yet Idaho law forbids it. EMTALA accordingly preempts state laws like [Idaho Law] Section 18-622 to the extent they prohibit the essential medical care required by federal law.” [2]

This latest foray by the Court “into the legality of state laws criminalizing abortions will force them to wrestle with a fundamental question — are pregnant women entitled to the full protection of the law?” [3]