The New American The Supreme Court agreed Friday to hear a case in which the Biden administration is attempting to use a novel interpretation of federal law to preempt state abortion bans.
The court also granted a stay of a lower court’s injunction against an Idaho abortion law until such time as the justices issue their decision in the case.
After Dobbs v. Jackson Women’s Health Organization (2022) rightly returned abortion regulation to the states, the fanatically pro-abortion Biden administration sought every avenue it could to preserve the status quo ante. One such approach was to reinterpret the 1986 Emergency Medical Treatment and Active Labor Act (EMTALA), which requires emergency rooms in hospitals that accept Medicare funds to provide “stabilizing care” to all incoming patients regardless of their ability to pay.
Seventeen days after the Dobbs decision came down, Health and Human Services (HHS) Secretary Xavier Becerra issued guidance to hospitals declaring that “any state laws or mandates that employ a more restrictive definition of an emergency medical condition [than HHS’ definition] are preempted by the EMTALA statute.”
“Thus,” Becerra explained,
if a physician believes that a pregnant patient presenting at an emergency department, including certain labor and delivery departments, is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment. And when a state law prohibits abortion and does not include an exception for the life and health of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.
Read Full Article Here…(thenewamerican.com)
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