Attorney General Andrea Joy Campbell announced that she has joined a coalition of 24 attorneys general in filing an amicus brief in U.S. v. Idaho to protect access to emergency abortion care in Idaho. The brief urges the United States Court of Appeals for the Ninth Circuit to uphold a lower court’s preliminary injunction blocking Idaho’s near total abortion ban, which does not include an exception for emergency abortion care. The coalition argues that preventing pregnant patients from receiving emergency abortion care can seriously harm patients’ health and overwhelm health care systems in Idaho and neighboring states.
“The district court’s decision in this case was an important reprieve that allowed pregnant people in Idaho to continue obtaining emergency abortions if their lives were in serious jeopardy,” said AG Campbell. “I am proud to join this coalition, which continues to fight against Idaho’s draconian abortion ban to ensure all women have access to care that protects their lives and health.”
The federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals that operate an emergency department and participate in Medicare – virtually every hospital in the country – to treat all patients who have an emergency medical condition before discharging or transferring them. Idaho’s abortion ban does not include an exception for emergency abortion care. The coalition, led by New York Attorney General Letitia James, argues that several government agencies and courts have long determined that emergency abortion care and other pregnancy related emergencies are covered under EMTALA.
The amicus brief argues that allowing Idaho to override EMTALA’s protections for emergency abortion care can lead to pregnant patients dying or suffering irreversible injuries. The brief also notes that this action by Idaho could cause health care providers to leave the state, leading to worsened patient care and pregnant patients seeking care in other states, which can overwhelm their health care systems. In fact, within a few months of Idaho’s abortion ban going into effect, nearly one in four obstetricians left the state or retired. This past March, a multistate coalition of attorneys general filed an amicus brief with the United States Supreme Court in this case, urging the court to maintain the district court’s preliminary injunction. The court ultimately sent the case back to the Ninth Circuit with the district court’s order intact.
This matter is AG Campbell's latest effort to protect reproductive and maternal health care in Massachusetts and nationwide. Just last week, AG Campbell co-led a coalition of 18 attorneys general in opposing needless barriers to mifepristone imposed by the state of North Carolina. Last fall, AG Campbell established the Reproductive Justice Unit, which works to ensure Massachusetts’ leadership in reproductive justice and care, tackling misinformation, defending state protections, and in cases like these, stepping across state lines to respond to national attacks on reproductive health care.
Joining AG Campbell in filing today’s amicus brief, led by Attorney General Rob Bonta of California and Attorney General Letitia James of New York, are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
Original source can be found here.