Golden State Today

California Attorney General Rob Bonta, along with 23 other attorneys general, has filed an amicus brief with the Ninth Circuit's en banc court. The coalition is supporting the Biden administration's challenge to Idaho's restrictive abortion laws. The brief, submitted in the case United States of America v. Idaho, argues that the Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals to provide necessary abortion care during medical emergencies.

Attorney General Bonta emphasized the importance of EMTALA following the Supreme Court's decision to overturn Roe v. Wade. "EMTALA ensures that no one is denied access to emergency medical care, including abortion care," said Bonta. He reiterated his commitment to safeguarding access to emergency medical services for all Americans.

Under EMTALA, hospitals participating in Medicare must provide treatment for emergency conditions, which includes abortion when necessary for stabilization. Idaho's abortion ban imposes criminal penalties on healthcare providers offering such care post-Roe v. Wade reversal.

The coalition argues that decades of federal guidance support EMTALA’s inclusion of emergency abortion care as stabilizing treatment. They warn that preventing abortions needed for emergencies could endanger pregnant patients' lives and health due to complications requiring urgent attention.

Should Idaho hospitals fail to comply with EMTALA requirements, patients might have to seek help from out-of-state facilities, exacerbating existing challenges like overcrowding and long wait times in those states' emergency departments.

Recently, California took legal action against Providence St. Joseph Hospital over rights related to emergency abortion care under state law while federal protections remain under judicial review.

The amicus brief was spearheaded by California and New York’s attorneys general and joined by their counterparts from Arizona, Colorado, Connecticut, Delaware, Hawai’i, 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.