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Thursday, September 19, 2024

AG Campbell Issues Statement On Supreme Court Decision In Moyle V. United States

Attorney General Andrea Joy Campbell issued the following statement in response to today’s ruling of the Supreme Court of the United States in Moyle v. United States dismissing the case as improvidently granted and lifting its stay of an order by the U.S. District Court of the District of Idaho. The decision temporarily allows pregnant people in Idaho to receive emergency abortion care while the case continues to proceed in the lower courts. The District Court’s order, which the Supreme Court has now reinstated, prohibits Idaho from enforcing its near-total criminal abortion ban in situations 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. 

ON BACKGROUND:

  • During an era of unprecedented national attacks on reproductive care, AG Campbell has continued to ensure Massachusetts remains a beacon for reproductive justice.
  • As one of her first actions in office, AG Campbell, in collaboration with allied stakeholders, announced the creation of the Abortion Legal Hotline, a free and confidential hotline that assists Massachusetts healthcare providers, helpers, and patients, by providing legal advice and resources related to abortion access and care.
  • AG Campbell has also established a first-of-its-kind Reproductive Justice Unit which is focused on expanding and protecting access to reproductive and gender affirming care, addressing disparities in maternal health, tackling misinformation and disinformation that prevents access to care, working across state lines to respond to national attacks on reproductive health care, and championing and defending Massachusetts’ strong legal protections for reproductive rights.  
  • Recently, AG Campbell and the Reproductive Justice Unit convened more than 120 experts in the reproductive justice field to inform how the Office can better champion reproductive justice for all on a local, state and national level. 
  • AG Campbell also recently released multiple Know Your Rights documents focused on abortion, gender-affirming care, contraception, and the state shield law.
In decision, the Court dismissed the petition and voted 6-3 to lift its stay of a lower court order that prohibited Idaho from enforcing its near-total abortion ban in situations requiring emergency abortion care under EMTALA. While today’s decision temporarily allows pregnant people in Idaho to receive emergency abortion care, it does not address the issue of whether federal law prevents states from restricting access to emergency abortion care. The case continues to proceed in the lower courts. This issue will almost certainly return to the Court, either in this case or a Texas case that raises essentially the same question.  

Original source can be found here.

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