Boston — Attorney General Andrea Joy Campbell issued a statement in response to the Supreme Court's ruling in Moyle v. United States, which dismissed the case as improvidently granted and lifted its stay of an order by the U.S. District Court of the District of Idaho. The decision temporarily allows pregnant individuals in Idaho to receive emergency abortion care while the case proceeds in lower courts. The District Court’s order, now reinstated by the Supreme Court, prohibits Idaho from enforcing its near-total criminal abortion ban when the federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide emergency abortion care.
“Today’s decision is an important reprieve that will allow pregnant people in Idaho to obtain an emergency abortion if their life or health is in serious jeopardy. While I am grateful that Idaho’s draconian abortion ban will not bar emergency abortions in the near future, I want to be clear that more trouble appears to be on the horizon for emergency abortion access in many states. My office will continue our fight to ensure that everyone can access emergency abortion care in order to protect their lives and their health,” said AG Campbell.
During an era of unprecedented national attacks on reproductive care, AG Campbell has ensured Massachusetts remains a beacon for reproductive justice. Early actions included establishing an Abortion Legal Hotline, offering free and confidential legal advice and resources related to abortion access and care for healthcare providers, helpers, and patients.
AG Campbell also founded a Reproductive Justice Unit focused on expanding and protecting access to reproductive and gender-affirming care, addressing disparities in maternal health, combating misinformation preventing access to care, responding nationally to attacks on reproductive healthcare across state lines, and defending Massachusetts’ strong legal protections for reproductive rights.
Recently, AG Campbell convened over 120 experts in reproductive justice to inform how her office can better champion these causes locally, statewide, and nationally. She also released multiple "Know Your Rights" documents covering topics such as abortion, gender-affirming care, contraception, and state shield laws.
In today’s decision by a 6-3 vote dismissing the petition and lifting its stay of a lower court order prohibiting Idaho from enforcing its near-total abortion ban under EMTALA-required situations for emergency abortion care. While this decision temporarily allows pregnant individuals in Idaho access to emergency abortions, it does not resolve whether federal law prevents states from restricting such access. The issue continues in lower courts with potential future consideration by the Supreme Court or another similar case from Texas.
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