The federal law driving the latest abortion battle at the US Supreme Court
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Source: bbc
11 hours ago By Holly Honderich
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The question before the Supreme Court is whether that law, called the Emergency Medical Treatment and Labor Act or EMTALA. covers emergency abortions, even in states where the procedure is banned.
In other words: if a doctor determines an abortion is the best treatment for a patient in jeopardy, are they protected from prosecution, no matter where they are?
The Biden administration has said yes. It has sued Idaho over its near-total abortion ban, which has an exception for the life - but not the health - of the mother.
"Women should not have to be near death to get care," said Department of Health and Human Services Secretary Xavier Becerra in a statement announcing the suit.
Idaho has countered, saying EMTALA cannot supersede its state law.
Here is a look at the arguments, and what is at stake.
What is EMTALA?
Congress enacted the law in 1986 to ensure all patients would receive a basic standard of emergency care, regardless of their insurance status or their ability to pay. It was meant to stop patient "dumping", a practice of transferring uninsured patients to public hospitals, regardless of the health consequences.
Read more: https://www.bbc.com/news/world-us-canada-68884207
Getty Images Demonstrators gather in front of the Supreme Court as the court hears oral arguments in the case of the US Food and Drug Administration v. Alliance for Hippocratic Medicine on March 26, 2024 in Washington, DC.Getty Images
The Supreme Court will weigh in on abortion access once again, nearly two years after overturning Roe v Wade
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