After Allowing Idaho Case on Emergency Abortions to Continue in Lower Courts, Supreme Court Leaves Texans Without Federal Protections For Emergency Care 

WASHINGTON, DC — Today, the U.S. Supreme Court refused to hear the second case in a year about a long-standing federal law that protects emergency abortion care in hospital emergency rooms. Texas state officials and anti-abortion groups sued the Biden administration over guidance reiterating that the Emergency Medical Treatment and Labor Act (EMTALA) continues to protect emergency abortion care nationwide, despite the Supreme Court overturning Roe v. Wade. 

Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:

“For the second time in a year, the Supreme Court punted on clarifying that existing federal law applies to everyone, including those who are pregnant. Instead, they left pregnant people in Texas and beyond in the lurch, refusing to make clear that pregnant people must be able to obtain the emergency care they need in hospital emergency rooms—which includes abortions, regardless of a state’s abortion ban. We know that this is what abortion opponents want: a path to ban abortion entirely, even in emergencies where people could suffer and die.”

The Emergency Medical Treatment and Labor Act (EMTALA) has long been understood to require emergency abortion care when it is the necessary treatment for a pregnant person experiencing a medical emergency. Enacted in 1986, EMTALA is a federal law that requires hospital emergency rooms that take Medicare funding to provide necessary treatment to people experiencing medical emergencies. Read more about the case here.

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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With nearly 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S