The Fight Continues With Official Release of SCOTUS EMTALA Opinion

For Immediate Release: June 27, 2024
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Biden’s PR Stunt Continues to Fuel Abortion Misinformation

Washington, D.C. – Today the U.S. Supreme Court sent the case challenging Idaho’s law protecting babies from conception (Idaho v. United States or Moyle v. United States) back to the 9th Circuit, where the case will continue. The pro-life law will remain broadly in effect as litigation continues.

EMTALA never mentions abortion, but the requirement to provide care for both a pregnant woman and her “unborn child” is specifically mentioned more than once. After Solicitor General Prelogar conceded that abortion would never be indicated to treat mental health at oral arguments, there is no diagnosis that the federal government identified as treatable under EMTALA that is not also treatable under the Idaho law’s life of the mother exception.

In a brief, the State of Idaho wrote, “A medical provider complies with EMTALA when it offers stabilizing treatment in accord with state law and the hospital’s capabilities. That is exactly what the Fifth Circuit held in Texas, and that is why there is also no conflict between Idaho’s Defense of Life Act and EMTALA.”

Among the reasons given for today’s decision was that circumstances have significantly changed since the Biden administration sued Idaho in 2022 and that the district court judge made assumptions, like stating that ectopic pregnancies cannot be treated, that are legally inaccurate based on updates to the law and a ruling by the Idaho Supreme Court.

State Policy Director Katie Daniel commented on the decision:

“Today’s Supreme Court decision is a setback, but our fight for babies and moms continues. With its sound ‘life of the mother’ provision that allows pregnant women to receive emergency care, Idaho’s pro-life law is consistent with EMTALA which requires hospitals to provide stabilizing treatment to both mothers and unborn children. Under Attorney General Raul Labrador’s leadership, we are confident Idaho will eventually prevail on the merits of this case.

“The Biden administration’s EMTALA charade is a PR stunt to spread the lie that pro-life laws prevent women from receiving emergency care. It is clear that the abortion lobby has created confusion on this fact for political gain and Democrats have to rely on this false talking point because their agenda for all-trimester abortion is wildly unpopular with support from only 10% of Americans.”

SBA Pro-Life America President Marjorie Dannenfelser added:

“While this litigation continues, it’s a reminder and a wake-up call that the stakes of the coming election are higher than ever for unborn children and their mothers. The Democrats will stop at nothing to overturn pro-life protections in every state and impose all-trimester abortion on demand as national law. They must be stopped, and that is why we are working relentlessly to reach 10 million voters – with four millions visits directly to their homes – across eight key battleground states that will determine who has control in Washington.”

In her concurring opinion, Justice Amy Coney Barrett said:

“The United States identified PPROM, placental abruption, pre-eclampsia, and eclampsia as conditions for which EMTALA requires an emergency abortion to be available. (The same conditions that the Government’s witnesses identified—before Idaho’s law changed.) But in this Court, petitioners represent that the Act permits physicians to treat each of these conditions with emergency abortions, even if the threat to the woman’s life is not imminent.” 

Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.

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