What to Know About the Federal Law at the Heart of the Latest Supreme Court Abortion Case

The federal Emergency Medical Treatment and Labor Act, known as EMTALA, requires hospitals to provide medically necessary care to stabilize patients in emergency situations.

By Pam Belluck
Jan. 18, 2024

One of the newest battlefields in the abortion debate is a decades-old federal law called the Emergency Medical Treatment and Labor Act, known by doctors and health policymakers as EMTALA.

The issue involves whether the law requires hospital emergency rooms to provide abortions in urgent circumstances, including when a woman’s health is threatened by continuing her pregnancy. But, as with many abortion-related arguments, this one could have broader implications. Some legal experts say it could potentially determine how restrictive state abortion laws are allowed to be and whether states can prevent emergency rooms from providing other types of medical care, such as gender-affirming treatments.

Continued: https://www.nytimes.com/2024/01/18/health/emtala-abortion-supreme-court.html

Law protecting women seeking emergency abortions is target in US supreme court case

Emergency Medical Treatment and Labor Act is at the heart of the court’s latest blockbuster abortion case, which comes out of Idaho

Carter Sherman
Tue 9 Jan 2024

Mylissa Farmer’s pregnancy was doomed. But no one would help her end it. Over the course of a few days in August 2022, Farmer visited two hospitals in Missouri and Kansas, where doctors agreed that because the 41-year-old’s water had broken just 18 weeks into her pregnancy, there was no chance that she would give birth to a healthy baby. Continuing the pregnancy could risk Farmer’s health and life – yet the doctors could not act.

Weeks earlier, the US supreme court had overturned Roe v Wade and abolished the national right to abortion. It was, legal counsel at one hospital determined, “too risky in this heated political environment to intervene”, according to legal filings.

Continued: https://www.theguardian.com/us-news/2024/jan/09/emergency-abortion-supreme-court-case-emtala-idaho

Some state abortion bans stir confusion, and it’s uncertain if lawmakers will clarify them

BY KIMBERLEE KRUESI AND GEOFF MULVIHILL
December 20, 2023

Ever since the nation’s highest court ended abortion rights more than a year ago, vaguely worded bans enacted in some Republican-controlled states have caused bewilderment over how exceptions should be applied.

Supporters have touted these exemptions, tucked inside statutes restricting abortion, as sufficient enough to protect the life of the woman. Yet repeatedly, when applied in heart-wrenching situations, the results are much murkier.

Continued: https://apnews.com/article/abortion-exception-lawsuit-legislature-confusion-b2808df90937e96887aa4e1f9c565771

Some Republicans Were Willing to Compromise on Abortion Ban Exceptions. Activists Made Sure They Didn’t.

ProPublica reviewed 12 of the nation’s strictest abortion bans. Few changed in 2023, as state lawmakers caved to pressure from anti-abortion groups opposing exceptions for rape, incest and health risks.

by Kavitha Surana
Nov. 27, 2023

After the Supreme Court overturned Roe v. Wade, ending nearly 50 years of federal protection for abortion, some states began enforcing strict abortion bans while others became new havens for the procedure. ProPublica is investigating how sweeping changes to reproductive health care access in America are affecting people, institutions and governments.

State Rep. Taylor Rehfeldt was speaking on the floor of the South Dakota Capitol, four months pregnant with her third child, begging her Republican colleagues to care about her life. “With the current law in place, I will tell you, I wake up fearful of my pregnancy and what it would mean for my children, my husband and my parents if something happened to me and the doctor cannot perform lifesaving measures,” she told her fellow lawmakers last February, her voice faltering as tears threatened.

Continued: https://www.propublica.org/article/abortion-ban-exceptions-trigger-laws-health-risks

Her pregnancy was non-viable and her life was at risk but Oklahoma Law Prevented an Abortion

by Whitney Bryen
September 19, 2023

When she awoke on the couch in the early morning hours of Nov. 21, Magon Hoffman’s pajama pants were soaked in blood. What began as light bleeding the night before had turned severe. Hoffman assumed she was miscarrying.

But an ultrasound revealed it was Hoffman’s life that was in danger. At 14 weeks, the fetus seemed healthy, but Hoffman, 31, had one of the largest blood clots her doctor had ever seen and was at risk of going into shock or organ failure if it continued to grow.

Continued: https://oklahomawatch.org/2023/09/19/her-pregnancy-was-non-viable-and-her-life-was-at-risk-but-oklahoma-law-prevented-an-abortion/

Women, doctors announce legal action against abortion bans in 3 states

The women allege they were denied abortions despite dangerous complications.

By Nadine El-Bawab
September 12, 2023

Women in Idaho, Oklahoma and Tennessee filed legal actions against their states over abortion bans, saying they were denied abortions despite having dangerous pregnancy complications.

Four women in Idaho -- Jennifer Adkins, Jillaine St.Michel, Kayla Smith and Rebecca Vincen-Brown -- and abortion providers filed a suit against the state, Gov. Brad Little, attorney general and the state's board of medicine, claiming the state's ban has "sown confusion, fear and chaos among the medical community, resulting in grave harms to pregnant patients whose health and safety hang in the balance across the state," according to a copy of the lawsuit shared with ABC News.

Continued: https://abcnews.go.com/US/women-doctors-announce-legal-action-abortion-bans-3/story?id=103055654

USA – It’s Time to Call Abortion Bans What They Are—Torture and Cruelty

The US must learn from other countries where denials of abortion are considered intentional, state-inflicted torture and cruel, inhuman, or degrading treatment.

By Payal Shah and Akila Radhakrishnan
June 9, 2023

On August 24, 2022, Mayron Hollis sought an abortion after receiving news that her pregnancy was endangering her life and its continuation would likely result in uterine rupture and organ damage. Unfortunately, August 24 was also the day that Tennessee’s near-total ban on abortion went into effect. Denied care in her own state and unable to travel to one where she could get the care she needed, Hollis was forced to endure a dangerous pregnancy and birth, where she ultimately suffered severe hemorrhaging and lost her uterus, destroying her ability to give birth to any more children.

There are many terms to describe Mayron Hollis’s experience of being denied an abortion in Tennessee—harrowing, agonizing, unconscionable—but we should also call it what it is: torture and cruelty.

Continued: https://www.thenation.com/article/society/abortion-bans-torture-cruelty/

USA – ‘I’ll lose my family.’ A husband’s dread during an abortion ordeal in Oklahoma

May 1, 2023
Selena Simmons-Duffin

Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. "I was like, 'Well, that's not going to affect me. I won't ever need one,' " she says.

She's 25 and lives in central Oklahoma with her husband, Dustin, and their three kids — two 7-year-olds and an 8-year-old. They are a blended family with two kids from Jaci's previous marriage and one from Dustin's.

Continued: https://www.npr.org/sections/health-shots/2023/05/01/1172973274/oklahoma-abortion-ban-exception-life-of-mother-molar-pregnancy

Republicans Are Using Exceptions to Sell Their Abortion Bans. It’s a Scam.
Exceptions for rape, incest, and medical emergencies are incredibly hard for pregnant people to actually use—and that’s a feature, not a bug.

By Carter Sherman
April 27, 2023

This week, North Dakota’s governor signed into law one of the country’s most extreme abortion bans. It outlaws almost all abortions—and only allows people to get abortions in cases of rape or incest if they undergo the procedure within the first six weeks of pregnancy.

The ban is, for now, an act of political theater. No one is going to an abortion clinic in North Dakota, because the last clinic in the state moved to Minnesota months ago. But the exceptions in the ban are also likely meaningless. Many people do not even realize that they are pregnant at six weeks, and many sexual assault survivors can take far longer to come forward, if they ever do.

Continued: https://www.vice.com/en/article/4a3wvq/republicans-abortion-ban-exceptions

27.04.2023

Opinion

abortion exceptionalism

near-total abortion ban

rape and incest exceptions

In Oklahoma, a woman was told to wait until she’s ‘crashing’ for abortion care

April 25, 2023
Selena Simmons-Duffin

The molar pregnancy Jaci Statton had would never become a baby. It was cancerous, though.

At the last hospital in Oklahoma she went to during her ordeal last month, Statton says staff told her and her husband that she could not get a surgical abortion until she became much sicker.

Continued: https://www.npr.org/sections/health-shots/2023/04/25/1171851775/oklahoma-woman-abortion-ban-study-shows-confusion-at-hospitals

25.04.2023