People Power United signs on to an Amici to the Supreme Court in support of Emergency Abortion Care
The power of the people is stronger than the people in power.
People Power United signs on to an Amici to the Supreme Court in support of Emergency Abortion Care
March 29, 2024
People Power United has joined other groups to sign on to an Amici to the Supreme Court in support of of Emergency Abortion Care. Shout out to National Women's Law Center, Democracy Forward, and Cohen Milstein for leading these efforts.
Here is a summary of the amici submitted on behalf of People Power United members:
The Idaho state legislature passed an abortion ban in 2020 in anticipation of the Supreme Court overturning Roe v. Wade. Just two months after the Supreme Court made its erroneous and devastating decision to overturn the longstanding fundamental constitutional right to abortion, the Idaho abortion ban went into effect. Idaho’s ban directly conflicts with the Emergency Medical Treatment and Labor Act, a federal law that requires hospitals to treat patients experiencing an emergency medical condition with stabilizing care.
The Emergency Medical Treatment and Labor Act (EMTALA) was enacted in 1986 to ensure that no person suffering a medical emergency could be turned away from receiving the care they need. Under EMTALA, if a person experiencing an “emergency medical condition” seeks care at an emergency department that accepts Medicare funds, the hospital must provide stabilizing medical treatment. For pregnant people, abortion care can be urgent and necessary stabilizing medical treatment.
On August 2, 2022, the United States Department of Justice (DOJ) filed a lawsuit in a federal district court challenging the Idaho abortion ban to the extent that it conflicts with federal law. In short, the DOJ is arguing that Idaho’s law only allows for abortion when a person’s life is at risk, but EMTALA protects a person’s right to abortion care whenever it is necessary to protect their health. There are circumstances in which EMTALA would require a hospital to provide emergency abortion care but the Idaho abortion ban would prohibit that care, and in those circumstances, federal law must preempt the state law.
The case will be argued at the Supreme Court on April 24, 2024.
The National Women's Law Center, Democracy Forward, and Cohen Milstein are coordinating amicus briefs, including one for the gender justice community. It will show that, following Dobbs, pregnant individuals nationwide are being denied stabilizing treatment when experiencing emergency pregnancy complications due to confusion surrounding hospitals’ obligations under EMTALA. The brief will argue that a decision that EMTALA no longer preempts state abortion bans during pregnancy-related emergencies will only compound the existing maternal morbidity and mortality crisis in the U.S.
About Us
People Power United champions progressive values and power to the people. We are a group of people who believe in the possibility of change and work to make it happen. Whether it's supporting a candidate, fighting to pass legislation, or working to change our culture, our members are committed to an inclusive and progressive future.