Since 2007, Jezebel has been the Internet's most treasured source for everything celebrities, sex, and politics...with teeth.
, Idaho argues that its abortion ban takes precedence over a federal law establishing a right for all people to receive emergency care, including abortion., a case about Idaho’s total abortion ban and a federal law called the Emergency Medical Treatment and Labor Act . EMTALA passed in 1986 and requires hospitals to provide stabilizing, emergency care to patients—including those experiencing pregnancy-related complications—regardless of individual state laws.
The state’s ban asks providers to violate EMTALA and all medical ethics, and engage in what the amicus brief characterizes as “expectant management,” or the “wait and see approach,” and that it withholds “treatment necessary to protect their patient’s health and waiting to perform a clinically indicated abortion until it becomes necessary to prevent the death of the patient.
Idaho latches onto EMTALA’s references to ‘unborn child’—in definitional sections and provisions related to safe transfer—and claims that Congress must have guaranteed an EMTALA right tothe pregnant woman and the fetus she carries. What is more, in Idaho’s telling, Congress’s reference to a hospital’s “available” “staff and facilities” actually means that Idaho law dictates how and when abortion care may be provided to those “patients.
Little attention has been paid to how, on top of everything else, anti-abortion policymakers’ interpretations of EMTALA also impact fetal personhood, Karen Thompson, legal director of Pregnancy Justice, told Jezebel. When any law is interpreted to treat a fetus as a separate person with rights in conflict with the pregnant person’s—or, in this case, to treat the fetus as the patient over the pregnant person—this creates a “very dangerous, slippery slope,” Thompson says.
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