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The Trump administration announced on June 3 that it would revoke a directive from the Biden era, which instructed hospitals to perform abortions in emergency situations, even in states where abortion was banned. This guidance was initially issued under the Emergency Medical Treatment and Labor Act (EMTALA) following the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, which overturned the constitutional right to abortion.
Supporters of the Biden administration’s directive argued that it protected medical professionals from legal consequences when performing emergency abortions in restrictive states. Opponents, however, contended that EMTALA obliges doctors and hospitals to stabilize both mother and unborn child during emergencies.
The Department of Health and Human Services along with the Centers for Medicare & Medicaid Services announced their intention to rescind this directive but affirmed that “CMS will continue to enforce EMTALA.” They emphasized EMTALA’s role in protecting individuals seeking emergency treatment, including pregnant women whose health is at serious risk.
A statement from the Pro-Choice Caucus on X highlighted that "Every patient in America has the right to lifesaving health care," reinforcing that "EMTALA requires hospitals to provide emergency care, including abortion."
Senator Cindy Hyde-Smith expressed opposition to the previous guidance, claiming it “warped EMTALA obligations” and caused confusion nationwide. She stated that restoring EMTALA’s original purpose would bring clarity to emergency room doctors.
Previously, under Biden's administration, a lawsuit against Idaho's abortion restrictions citing conflicts with EMTALA was dismissed by the Supreme Court on procedural grounds without addressing its core issue. The Justice Department under Trump decided not to pursue this suit further.
In related ethical discussions, Catholic teachings oppose direct abortion but allow treatments necessary for a pregnant woman if they cannot be postponed safely until viability of the unborn child.
Kate Scanlon reports on these developments for OSV News from Washington.
