Biden’s HHS Wants Idaho to Allow Private Hospitals to Violate the State’s Abortion Ban — Trump’s Would NOT

The U.S. Congress passed the Emergency Medical Treatment and Labor Act (EMTALA) in 1986 to require ERs that accept Medicare payments to provide a medical screening exam for anyone who seeks treatment and to provide stabilizing care, regardless of ability to pay.

After the U.S. Supreme Court overturned Roe v. Wade in 2022, Joe Biden signed an executive order directing federal agencies to promote abortion. The U.S. Department of Health and Human Services (HHS) illegally expanded EMTALA to include abortion as stabilizing care in ERs.

Idaho bans abortions except in cases of rape, incest, or to save the mother’s life. But HHS essentially wants Idaho to allow private hospitals to violate the state’s abortion ban to perform “emergency” abortions. From Alliance Defending Freedom (ADF), which will argue in court on Idaho’s behalf (emphasis added):

In August 2022, the administration sued Idaho, claiming that it could use the federal Emergency Medical Treatment and Active Labor Act and pay private hospitals to violate Idaho’s protections for life. But as the attorneys explain, the federal government cannot pay private parties to circumvent state law. Additionally, no conflict exists between EMTALA and Idaho’s law as both seek to save lives. In June, the U.S. Supreme Court sent the case back to the 9th Circuit for further consideration. Idaho filed its opening brief in September and received broad support in favor of upholding its law.

The U.S. Court of Appeals for the Ninth Circuit will re-hear arguments in the case today.

“The Biden administration’s radical interpretation of federal law demonstrates a lawless disregard for Idaho’s right to protect life,” said Idaho Attorney General Raúl Labrador. “Idaho’s Defense of Life Act is perfectly consistent with the federal Emergency Medical Treatment and Active Labor Act, which requires doctors to care both for women and their ‘unborn children.’”

John Bursch, an attorney at ADF, said that Idaho’s law and EMTALA seek to protect life — inside and outside the womb.

“The administration can’t pay private hospitals to violate state law,” he said. “Under Idaho’s law, doctors will continue to provide care to women experiencing ectopic pregnancies, miscarriages, and life-threatening conditions. We join Idaho in urging the court to end the administration’s unlawful overreach and protect the people’s freedom to protect life.”

HHS is overreaching its authority. President-elect Donald Trump likely will roll back Biden’s executive order, and his administration’s HHS will not try to force doctors to break state law.