California Attorney General Rob Bonta released a statement following the U.S. Supreme Court's decision in Idaho v. U.S., where the court chose not to rule on whether the Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals to provide necessary abortion care during medical emergencies, regardless of conflicting state laws. EMTALA requires emergency departments in Medicare-participating hospitals to stabilize patients with emergency medical conditions.
Idaho's stringent abortion ban, effective after the Supreme Court's June 2022 decision overturning Roe v. Wade, criminalizes abortions beyond those necessary to prevent a pregnant patient's death. This conflicts with EMTALA's broader requirements for medically necessary emergency abortion care, potentially subjecting healthcare providers to criminal prosecution and license revocation.
The Supreme Court has deferred the issue to the U.S. Court of Appeals for the Ninth Circuit and allowed a preliminary injunction from an Idaho district court to take effect. This injunction temporarily prevents Idaho from enforcing its abortion ban concerning emergency care covered by EMTALA.
"Today’s ruling ensures that, at least for now, pregnant patients facing medical emergencies in Idaho cannot be denied health-preserving abortion care," said Attorney General Bonta. "But today’s decision is at best a temporary reprieve for pregnant patients and physicians in Idaho and any other State with a ban on abortion care."
Bonta emphasized California's commitment to supporting reproductive healthcare providers and patients: "Our message to all who seek or provide reproductive healthcare is clear: California welcomes and supports you. We will continue to fight for every individual’s right to make their own healthcare decisions."
In April, Bonta issued guidance reminding medical providers from states with near-total abortion bans of their rights under California law when providing reproductive healthcare.
For more information on reproductive rights in California or reporting potential violations of EMTALA, resources are available online.