Golden State Today

California Attorney General Rob Bonta released a statement following the U.S. Supreme Court's decision in Idaho v. U.S., where the court chose not to rule on whether the Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals to provide necessary abortion care during medical emergencies, regardless of conflicting state laws. EMTALA requires all emergency departments participating in Medicare to stabilize patients with emergency medical conditions.

Idaho's abortion ban, implemented after the Supreme Court overturned Roe v. Wade in June 2022, criminalizes abortion care required by EMTALA except when necessary to prevent a pregnant patient's death. This law exposes healthcare providers who comply with EMTALA's broader requirements to criminal prosecution and loss of their license.

The Supreme Court has decided that the U.S. Court of Appeals for the Ninth Circuit will address this issue initially. Additionally, a preliminary injunction by an Idaho district court will temporarily prevent Idaho from enforcing its ban on emergency abortion care covered by EMTALA.

"Today’s ruling ensures that, at least for now, pregnant patients facing medical emergencies in Idaho cannot be denied health-preserving abortion care," said Attorney General Bonta. "But today’s decision is at best a temporary reprieve for pregnant patients and physicians in Idaho and any other State with a ban on abortion care."

Attorney General Bonta emphasized ongoing efforts to protect access to reproductive healthcare amid continuing legal battles and actions by anti-abortion groups. He reiterated California's support for those seeking or providing reproductive healthcare and reaffirmed the state's commitment to reproductive freedom.

In April, Attorney General Bonta issued guidance reminding medical providers from states with near-total abortion bans of their rights under California law when providing reproductive healthcare.

For more information on reproductive rights in California or to report potential violations of EMTALA, resources are available online.