California Attorney General Rob Bonta has co-led a coalition of 24 attorneys general in filing an amicus brief before the en banc court of the Ninth Circuit. The brief supports the Biden administration's challenge to Idaho's near-total ban on abortion. In the case United States of America v. Idaho, the coalition backs the U.S. government's argument that the Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals to provide necessary abortion care during medical emergencies.
The coalition argues that Idaho’s ban endangers pregnant individuals' lives and health within the state and could impact other states' health systems. They urge the Court to uphold a lower court's preliminary order preventing enforcement of Idaho’s ban where it conflicts with EMTALA.
"EMTALA ensures that no one is denied access to emergency medical care, including abortion care, and this federal law is more imperative than ever following the overturn of Roe v. Wade," said Attorney General Bonta. "That’s why I, alongside attorneys general nationwide, are reaffirming our unwavering commitment to safeguarding access to emergency medical care for all Americans with today’s amicus brief."
Under EMTALA, hospitals with emergency departments participating in Medicare must provide treatment required to stabilize patients with emergency medical conditions. This includes abortion care when necessary for stabilization. However, under Idaho's abortion ban, healthcare providers risk criminal prosecution and losing their licenses for providing such care.
The multistate coalition supports decades of federal guidance and court precedent stating that stabilizing treatment under EMTALA includes emergency abortion care. They argue that preventing abortions needed for emergency conditions threatens pregnant patients' health and lives since many pregnancy complications require timely stabilizing treatment.
If Idaho hospitals do not comply with EMTALA requirements for emergency abortion care, patients may need to seek out-of-state providers, adding strain to already burdened emergency departments elsewhere.
Recently, California sued Providence St. Joseph Hospital over rights to emergency abortion care under state law while federal protections under EMTALA are litigated in courts.
The amicus brief was led by California and New York attorneys general, joined by counterparts from Arizona, Colorado, Connecticut, Delaware, Hawai’i, 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.
A copy of the brief is available online.