Attorney General Todd Rokita is actively challenging federal actions that he perceives as overreaching state laws aimed at protecting life and prohibiting abortions. This week, he supports Idaho in its Supreme Court defense of the Defense of Life Act against potential preemption by the federal Emergency Medical Treatment and Labor Act (EMTALA). In February, Rokita led a 22-state amicus brief backing Idaho's position.
Rokita stated, "Hoosiers know that when federal bureaucrats come after pro-life laws in Idaho or any other state, they will soon be coming after pro-life laws here in Indiana." He criticized the Biden administration for what he describes as an effort to promote a "pro-abortion culture of death" and infringe on states' rights.
Under U.S. federalism, states have significant authority over health, safety, and medical regulations. The Supreme Court's Dobbs decision reinforced this by returning abortion regulation to the states, overturning Roe v. Wade from 1973.
Federal attorneys argue that EMTALA permits emergency room physicians to bypass state medical regulations when deemed necessary, potentially allowing banned abortions. However, EMTALA does not explicitly mention abortion and was not originally intended to be interpreted in this manner.
"The law is on our side," Rokita affirmed. He expressed confidence that Indiana and other states can continue fostering a culture that values life for unborn children and their families.
The brief filed by Attorney General Rokita is available for review along with his headshot for download.