EMTALA at SCOTUS: Abortion Will Always Be a Federal Issue (Blog)
When the United States Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (2022) overturning Roe v. Wade, the court wrote that the…, Abortion will not and should not be left to the whim of state legislatures, particularly when people’s health and lives are at risk. What is…, Meanwhile, EMTALA requires hospitals with emergency departments that participate in Medicare to: Provide screening upon a patient’s request…, The federal government filed a lawsuit asserting Idaho’s law was preempted by EMTALA under the United States Constitution’s Supremacy Clause, which…, EMTALA’s advocates know that abortion is health care. Even with the advances in modern medicine, pregnancy is not without risk. Pregnant patients may…, For its part, the United States argues that EMTALA requires states to allow emergency abortions to protect the health of pregnant patients. The…, In practice, these circumstances often prove unworkable. Their wording is vague and unclear as to when exceptions apply, causing abortion providers…, Furthermore, state officials have begun questioning whether the right to interstate travel, a right the Supreme Court previously ruled is protected…, Abortion Goes Beyond States’ Rights As the events above and Moyle demonstrate, Dobbs did not return the issue of reproductive freedom to the…