Supreme Court to address Biden administration emergency room abortion guidelines

The Supreme Court on Friday agreed to hear a challenge to Idaho's abortion restrictions from the federal government contending that emergency room doctors must provide abortions in some circumstances under federal law, even in the face of state bans.

Guidance from the Biden Department of Health and Human Services contends that the Emergency Medical Treatment and Active Labor Act (EMTALA) requires emergency room doctors to perform abortions. Idaho's abortion ban allows exceptions in instances threatening the life of the mother.

The dispute led to the federal government suing the state and securing a limited stay in 2022, with a district court blocking the ban in emergency rooms that received funding under Medicare, CNN reported. The 9th Circuit Court of Appeals in November lifted the stay, prompting the appeal to the Supreme Court.

"[T]he United States adopted the novel view that EMTALA creates a federal right to abortion in emergency rooms, even though EMTALA is silent on abortion and actually requires stabilizing for the unborn children of pregnant women," argued Alliance Defending Freedom (ADF) Attorney Erin Hawley.

ADF is defending the state of Idaho in the case and also represents other plaintiffs in a separate case involving the administration's EMTALA abortion guidelines. Earlier this week, ADF scored a win in the 5th Circuit Court of Appeals on the matter, representing a coalition of Christian medical professionals.

"EMTALA does not mandate any specific type of medical treatment, let alone abortion," ruled a court panel. "We agree with the district court that EMTALA does not provide an unqualified right for the pregnant mother to abort her child especially when EMTALA imposes equal stabilization obligations."

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.