South Raleigh News

Attorney General Josh Stein is taking action to uphold Americans' access to abortion care during medical emergencies. In a friend-of-the-court brief filed with a coalition of 24 attorneys general, Stein is urging the U.S. Supreme Court to uphold a preliminary injunction that requires Idaho hospitals to provide emergency abortion care under the federal Emergency Medical Treatment and Labor Act (EMTALA).

“If a woman’s life or health is at risk, it’s imperative that she get the emergency medical care she needs,” said Attorney General Josh Stein. “Abortion care is medical care, and hospitals must continue to provide it.”

Under EMTALA, every hospital in the United States with an emergency department participating in Medicare is required to provide all patients with emergency medical conditions the necessary treatment to stabilize their condition, including abortion care if needed. However, Idaho's state law criminalizes abortion care in most situations, even in cases where a pregnant woman requires an abortion to protect her from a medical emergency.

The federal government has sued to prevent the enforcement of the Idaho law, arguing that states cannot undermine EMTALA's requirements with their own laws criminalizing abortion. The attorneys general supporting the brief emphasize that abortion care has always been considered emergency care under EMTALA, and individuals in Idaho should have access to this care in emergencies regardless of the state's abortion ban.

Joining Attorney General Stein in this effort are the Attorneys General of 23 other states and the District of Columbia. They are collectively advocating for the protection of women's reproductive care in emergency situations.

A copy of the brief filed by Attorney General Stein and the coalition of attorneys general is available for further reference.

This is a developing story, stay tuned for more updates on Attorney General Josh Stein's ongoing efforts to safeguard emergency abortion care.