Golden State Today

California Attorney General Rob Bonta, in a coalition with 24 attorneys general, filed an amicus brief in the U.S. Supreme Court supporting the Biden administration’s challenge to Idaho’s near-total ban on abortion. Bonta stated, “At the California Department of Justice, we vehemently oppose Idaho’s near-total abortion ban law as it strips away an individual’s right to make their own healthcare decisions, including the right to receive abortion care when facing a medical emergency that threatens severe harm to the patient’s health."

The coalition argues that Idaho’s ban not only endangers the lives and health of pregnant individuals in the state but would also have serious repercussions on the health systems of other states. The brief supports the U.S. government’s argument that the Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide necessary abortion care to pregnant people experiencing medical emergencies.

Under EMTALA, all hospitals in the U.S. with emergency departments must provide treatment to stabilize patients with emergency medical conditions, including abortion care when necessary. Idaho’s ban on abortion care, following the U.S. Supreme Court’s decision overturning Roe v. Wade, threatens healthcare providers with criminal prosecution for providing this essential care.

The amicus brief emphasizes that preventing medical providers from performing necessary abortions in emergency situations endangers the health and lives of pregnant patients. It also highlights that failure to provide emergency abortion care as required by EMTALA in Idaho would lead patients to seek care in other states, putting additional strain on already burdened emergency departments.

The coalition, led by California and New York attorneys general, includes representatives from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

The amicus brief aims to defend reproductive rights and ensure access to safe and legal abortion care for all individuals facing medical emergencies.