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NEW YORK, NY — The Supreme Court of the United States’ decision today to dismiss the two consolidated cases centered around the federal Emergency Medical Treatment and Labor Act (EMTALA) means, for now, hospitals in Idaho must provide abortion care when it’s medically necessary in an emergency situation, even in states that have abortion bans or restrictions that don’t provide an exception to protect the health of the patient. The Court reinstated a lower court ruling that allowed hospital emergency rooms in Idaho to perform emergency abortions to save the life and health of a pregnant person. EMTALA requires hospitals that receive federal funds (which is almost all hospitals in the U.S.) to provide “necessary stabilizing treatment” in an emergency.
However, while it is good news that patients legally must now receive the stabilizing care they need when they need it in Idaho, with these cases the Supreme Court had the opportunity to clearly affirm the rights of all pregnant people to emergency care, but failed to do so.
As Justice Ketanji Brown Jackson wrote, the decision is “not a victory for pregnant patients in Idaho,” but instead “it is delay. While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires.”
Today’s ruling is another reminder of the incredibly hostile sexual and reproductive health, rights and justice (SRHRJ) environment Americans have been living in since Roe v. Wade was overturned two years ago.
In response to the decision today, Giselle Carino, chief executive officer of Fòs Feminista, released the following statement:
“To be clear: Today’s decision is nothing to celebrate. By dismissing this case and not ruling on the merits of the arguments, the Court has missed the chance to affirm a federal law protecting emergency abortion care.
Fòs Feminista staunchly opposes any measures that undermine access to essential healthcare services, including abortion care. We advocate for policies that support comprehensive reproductive healthcare, including emergency services, and we have learned from the dire situations in countries with absolute bans that restrictions on abortion don’t stop abortions from taking place; they just make them less safe. As an organization that works throughout the Global South, we see the detrimental effects of restrictive reproductive health policies all too often. For example, in El Salvador, women have been jailed for miscarriages and other pregnancy complications.
Ensuring access to safe, legal abortions is crucial for protecting the health and lives of women, girls, and gender-diverse people. We stand in solidarity with our allies in the United States who advocate for ensuring this access for all who need it.”
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Fòs Feminista is an international feminist alliance centered around sexual and reproductive health, rights, and justice for women, girls, and gender-diverse people. Together with more than 200 local organizations across the globe, we engage in healthcare, education, and advocacy to advance our agenda. This includes providing sexual and reproductive health services and implementing community-based strategies that make sexual and reproductive healthcare more accessible to women, girls, and others at the margins. We also engage young people with comprehensive sexuality education and provide care to survivors of gender-based violence. We stand alongside our partners in the streets, in the courts, and in other advocacy spaces as an unapologetically feminist voice, resisting injustice and advocating for gender equality and reproductive rights locally and globally.
