Advancing American Freedom led a coalition of 63 other organizations and individuals fighting for the ability of States to protect life in the face of the Biden-Harris Administration’s effort to force doctors to perform abortions. The Emergency Medical Treatment and Labor Act (EMTALA), passed by a bipartisan Congress and signed by President Reagan, was intended to ensure that a person’s inability to pay did not prevent him from receiving essential emergency medical treatment. It also explicitly requires doctors to consider the wellbeing of an unborn child when the emergency is labor. The Biden-Harris Administration decided that that decades-old law requires emergency room doctors to perform abortions.
“EMTALA was not and is not a Trojan Horse for legally required abortion,” said AAF General Counsel J. Marc Wheat. “President Reagan did not sign a pro-abortion law and EMTALA has never been interpreted to require abortion until the Biden-Harris Administration. The Supreme Court in Dobbs v. Jackson Women’s Health returned the authority to regulate abortion to the States. The Biden-Harris Administration’s interpretation of EMTALA is nothing more than a bald-faced effort to undermine the Court’s decision by fiat.”
Read the brief here.
