
Supreme Court Urged to Recognize Abortion as Essential Care: Doctors
TL/DR –
Thousands of doctors across the U.S. have signed a public letter urging the Supreme Court to ensure health care professionals can perform abortions in every state when needed as “stabilizing treatment” under the Emergency Medical Treatment and Active Labor Act. The letter, organized by the Committee to Protect Health Care, supports the Biden administration’s interpretation that the law protects doctors providing abortions in emergency circumstances. The Supreme Court, which heard oral arguments in the case Idaho v. United States on April 24, is expected to release its ruling before the Fourth of July break.
US Doctors Appeal to Supreme Court Over Abortion Rights
US doctors, led by advocacy group The Committee to Protect Health Care, have issued a public letter urging the Supreme Court to uphold the rights of health care professionals to conduct abortions in all states, citing it as a critical “stabilizing treatment” under the Emergency Medical Treatment and Active Labor Act (EMTALA). The letter signed by thousands of doctors supports the Biden administration’s stance, asserting EMTALA’s protection for doctors performing abortions during emergencies.
The letter highlights the urgency of immediate care in medical crises resulting from pregnancy complications, ranging from miscarriage to severe preeclampsia. It emphasizes that emergency department personnel should be allowed to employ all medical options, including abortion, to save patients’ lives. While a letter is not an official method of influencing the justices’ decision on a case, it provides a voice to a larger group of professionals.
The case, Idaho v. United States, heard by the Supreme Court on April 24, revolves around whether EMTALA shields health care professionals offering abortions as stabilizing treatment in emergencies, even if they defy state restrictions. The decision, due before the Fourth of July break, could have significant implications for abortion rights nationwide.
Biden Administration’s Interpretation
Central to the case is the interpretation of EMTALA by the Biden administration. The 1986 law mandates emergency departments to provide stabilizing care or transfer patients with an emergency medical condition, regardless of insurance status. Health and Human Services Secretary Xavier Becerra announced in July 2022 that EMTALA ensures women’s right to emergency care, including abortion, regardless of their location.
His statement reinforced the administration’s expectation for health care providers to continue offering these services and for federal law to supersede state abortion bans when emergency care is needed. This stance was announced shortly after the Supreme Court had overturned the universal abortion right established by Roe v. Wade and Planned Parenthood v. Casey.
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