Tomorrow, the U.S. Supreme Court will hear oral arguments in Moyle v. United States and Idaho v. United States, two consolidated cases questioning whether the 1986 Emergency Medical Treatment and Labor Act supersedes Idaho's near-total abortion ban and can force physicians to perform abortions in emergency situations.
Soon after Roe's overturning, the Biden administration sued the State of Idaho arguing EMTALA trumps the state's abortion law and requires doctors to perform abortions under a broader set of exceptions than just to preserve the life of the mother.
The full Ninth Circuit Court of Appeals disagreed and quickly reversed that ruling forcing the State and Idaho Speaker of the House Mike Moyle to appeal to the U.S. Supreme Court.
While the Biden administration argues that the HHS "Guidance" is just clarifying existing federal law, the Idaho legislature and state officials called the disputed HHS guidance an "Unauthorized power grab" and stated it would have been "Odd" for Congress to negate "State abortion laws" in a provision that "Does not even mention abortion."
In January 2024, the Fifth Circuit Court of Appeals ruled the Biden administration cannot use EMTALA to override Texas' near-total abortion ban and force Texas doctors to perform abortions.
"The question before the Court is whether EMTALA, according to HHS's Guidance, mandates physicians to provide abortions when that is the necessary stabilizing treatment for an emergency medical condition. It does not," wrote Judge Engelhardt.
Liberty Counsel Founder and Chairman Mat Staver said, "The Emergency Medical Treatment and Active Labor Act does not preempt state abortion laws, nor does it require the killing of an innocent life. Emergency rooms are only required to stabilize patients, which includes the unborn patient. This so-called 'guidance' by the Secretary of Health and Human Services is another lawless act of the Biden administration that will be struck down."
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