Attorney General William Tong expressed his concerns following the U.S. Supreme Court's decision to let stand a lower court ruling that prevents the Biden administration from enforcing the Emergency Medical Treatment and Labor Act (EMTALA) against Texas hospitals. These hospitals have declined to provide essential medical care when it involves an abortion, despite EMTALA's mandate for emergency departments to stabilize patients with emergency medical conditions.
Tong stated, "Abortion is safe, legal, and protected in Connecticut today, and this disappointing denial by the U.S. Supreme Court does not change that. Instead of protecting the lives and health of women in the most severe of medical emergencies, this decision puts lives at risk." He emphasized the ongoing fight against restrictive state abortion laws, noting their potential threat to patient safety and freedom.
The controversy began in July 2022 after the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Department of Health and Human Services (HHS) issued guidance reminding hospitals of their obligations under EMTALA amid new state laws restricting abortion access. Texas challenged this guidance, leading to a District Court injunction preventing HHS from enforcing EMTALA related to abortion services against Texas or its affiliates. The Fifth Circuit Court upheld this decision, prompting an appeal from the Biden administration which was denied by the Supreme Court.
While Connecticut maintains safe and accessible abortion services, Tong warns that Texas' ability to uphold less protective standards than those mandated by EMTALA poses significant risks to pregnant individuals there. This situation could also impact other states' access to emergency reproductive healthcare and strain resources in states like Connecticut where abortion remains legal.