WASHINGTON — Democrats in the U.S. House of Representatives introduced a resolution Thursday to clarify when health care providers can perform abortion as emergency medical care, despite a patchwork of state laws that have seen dozens of cases in recent years of women being turned away from emergency rooms because of complications or miscarriages.
The bilateral resolution would express “the view of the House of Representatives” that abortion is a form of stabilizing care under the Emergency Medical Treatment and Active Labor Act, a law passed in the 1980s.
“Since the overturning of Roe v. Wade more than two years ago, we have heard horrific stories of pregnant women being turned away from emergency rooms or denied the life-saving treatment they needed because of cruel state abortion bans, even though the federal Emergency Medical Treatment and Labor Act, also known as EMTALA, requires emergency rooms to treat and stabilize pregnant patients,” Ohio Democratic Rep. Emilia Sykes said during a press conference just outside the U.S. Capitol.
The resolution will make clear that women have access to the full spectrum of reproductive health care “in a life-or-death situation,” Sykes said.
Mikie Sherrill from New Jersey quoted Analysis by The Associated Press that since 2022, more than 100 women have been turned away from emergency rooms or treated negligently while suffering from pregnancy-related symptoms.
“It’s a scandal,” Sherrill said. “Lives are at risk. And despite clear federal laws and additional guidance from the Biden administration, states across the country are refusing to provide emergency care to pregnant women.”
While the resolution would not change the language of EMTALA or create up-to-date legislation, it would “express the House’s belief that everyone has a fundamental right to emergency medical care, including abortion care.”
The Biden administration issued a public letter Two years ago, after the U.S. Supreme Court struck down the constitutional right to abortion, EMTALA protected doctors and qualified health care professionals who perform abortions to preserve the health of a pregnant patient or to save a patient’s life.
US Health Secretary Xavier Becerra wrote at the time: “No matter where they live, women have the right to emergency care – including abortion care.”
This interpretation of EMTALA was challenged by numerous Republican states and eventually ended up before the U.S. Supreme Court this year.
However, the judges decided in June Send the case back to the 9th Circuit Court of Appeals, writing that the high court took the case too early and should have waited until the lower court heard the case and issued its ruling.
The Court of Appeal an oral hearing is planned in this case at the beginning of December.
Katherine Clark, the House Democrats’ whip, said during the press conference that the resolution is needed to ensure that women in states with abortion bans or significant restrictions can discuss all options with their doctor when their life or health is at stake.
“We are here because emergency medical care is a legal right and a moral obligation,” Clark said. “This is a straightforward solution. For Democrats, this is common sense.”
