Golden State Today

California Attorney General Rob Bonta issued a statement regarding the upcoming Ninth Circuit en banc oral argument in the case of Idaho v. United States. The case addresses the conflict between Idaho's abortion ban and the Emergency Medical Treatment and Labor Act (EMTALA).

Bonta emphasized the importance of EMTALA, stating, "At the California Department of Justice, we reaffirm our unwavering commitment to protecting EMTALA, a cornerstone of patients’ rights and equitable access to emergency medical care, including abortion care." He added that this law ensures no one is denied emergency medical care when needed most.

EMTALA mandates that hospitals with emergency departments provide necessary treatment to stabilize patients with emergency medical conditions. This includes providing abortion care when required to stabilize a pregnant individual in an emergency. However, Idaho's strict abortion ban poses legal challenges for healthcare providers who offer such care.

The case follows the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. In response to Idaho's law conflicting with EMTALA, the Biden administration secured a preliminary injunction from the U.S. District Court for the District of Idaho in August 2022. Although Idaho appealed this decision, the U.S. Supreme Court dismissed its review as premature without addressing whether EMTALA mandates hospitals provide necessary abortion care despite state laws.

The matter has returned to the Ninth Circuit for further consideration on the appeal of this preliminary injunction.