A leading national pro-life law firm has filed an amicus brief with the Fifth Circuit Court of Appeals, arguing the Biden administration’s “guidance” to hospitals that “reminds” them of their “obligation” to provide abortions in states where the procedure is illegal is an incorrect interpretation of the Emergency Medical Treatment and Labor Act (EMTALA).
In a press statement Friday, Life Legal explained that after the U.S. Supreme Court overturned Roe v. Wade in June 2022, “Democrats were determined to find ways to prevent pro-life states from protecting babies in the womb.
Just two weeks after the Court’s decision in Dobbs, Joe Biden issued an executive order to protect abortion rights, followed by the U.S. Department of Health and Human Services’ (HHS) guidance to clarify to hospitals that “emergency medical care includes abortion services.”
In a letter to providers, Biden HHS Secretary Xavier Becerra asserted that EMTALA preempts state laws that restrict access to abortion in emergency situations.
HHS put forward in the press release its interpretation of what is required of hospitals regarding EMTALA and abortion services:
The EMTALA statute requires that Medicare hospitals provide all patients an appropriate medical screening, examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedures. Stabilizing treatment could include medical and/or surgical interventions, including abortion. If a state law prohibits abortion and does not include an exception for the health or life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Becerra said in the press statement. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”
“We will continue to leverage all available resources at HHS to make sure women can access the life-saving care they need,” Becerra added.
