On Tuesday, the Trump administration withdrew Biden-era guidance that clarified hospitals in states with abortion bans must still treat pregnant patients facing medical emergencies. This move comes amid ongoing legal battles in conservative states challenging the guidance.
The guidance addressed the federal Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals to stabilize patients in emergency situations. States like Idaho and Texas argued that the Biden administration’s interpretation of EMTALA, issued after Roe v. Wade was overturned in 2022, was incorrect.
In a letter announcing the withdrawal, the Trump administration said the Centers for Medicare and Medicaid Services (CMS) “will continue to enforce EMTALA, which protects all individuals who come to hospital emergency rooms seeking care, including pregnant women and their unborn children in serious danger. CMS will work to clear up any legal confusion caused by the previous administration’s actions.”
Supporters of abortion rights condemned the decision, warning it will create confusion for hospitals and risk pregnant patients’ lives. Since Roe was overturned, many women have reported being denied medical care due to abortion restrictions. At least five pregnant women have died after being refused or delayed treatment, or because they could not access legal abortions.
Dr. Jamila Perritt, an OB-GYN and president of Physicians for Reproductive Health, said, “This action sends a clear message: the lives and health of pregnant people are not worth protecting. Following this law can mean life or death for pregnant patients, forcing doctors like me to choose between helping someone in need and obeying cruel, dangerous laws.”
Last year, the Supreme Court considered a case about Idaho’s strict abortion ban, which only allowed abortions if a woman’s life was at risk. Most state bans allow abortion if the woman’s health is in danger, a broader standard that makes it easier for doctors to act. The Biden administration argued Idaho’s law prevented doctors from providing abortions in some emergencies, violating EMTALA’s requirement to stabilize patients.
The Supreme Court ultimately avoided the issue, ruling 6-3 on procedural grounds that the case should not have been heard.
Justice Ketanji Brown Jackson criticized the court’s decision, writing, “This court had a chance to bring clarity and certainty to this tragic situation and we have squandered it. As long as the law remains unclear, pregnant patients in Idaho, Texas, and elsewhere will suffer the consequences.”
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