New York Attorney General Letitia James and California Attorney General Rob Bonta have spearheaded a coalition of 24 attorneys general in filing an amicus brief in the case U.S. v. Idaho. The brief seeks to maintain access to emergency abortion care in Idaho by urging the United States Court of Appeals for the Ninth Circuit to uphold a lower court's preliminary injunction against Idaho’s restrictive abortion ban, which lacks an exception for emergencies.
Attorney General James emphasized the importance of this legal action: “Denying emergency abortion care to a pregnant patient whose health is in jeopardy is unbelievably cruel,” she stated. She further noted that such restrictions endanger patients and overwhelm healthcare providers, stressing that access should not be dependent on one's location.
The federal Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals with emergency departments participating in Medicare to treat all patients with emergency medical conditions before discharge or transfer. However, Idaho’s abortion law does not accommodate exceptions for emergencies. The coalition argues that EMTALA covers emergency abortion care, as recognized by various government agencies and courts.
The amicus brief contends that overriding EMTALA's protections could result in severe consequences for pregnant patients, including death or irreversible injuries. It also warns of potential negative impacts on healthcare systems if providers leave Idaho or if neighboring states face increased demand from out-of-state patients.
This effort is part of Attorney General James' ongoing commitment to safeguarding reproductive rights both locally and nationally. Previous actions include supporting access to mifepristone, suing anti-abortion groups over unproven treatments, advocating for expanded reproductive health services through Congress, and securing court orders against militant anti-abortion activities.
Joining this initiative are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island Vermont Washington Wisconsin and the District of Columbia