Trump Admin Rescinds Biden-Era Abortion Mandate
On Tuesday the federal Department of Health and Human Services announced it is rescinding “guidance” the Biden Administration issued in 2022 requiring emergency rooms to perform abortions under the federal Emergency Medical Treatment and Labor Act (EMTALA).
EMTALA is a decades-old law signed by President Ronald Reagan. It is designed to ensure people are able to receive emergency care even if they are unable to pay.
After the U.S. Supreme Court overturned Roe v. Wade in 2022, President Biden’s Department of Health and Human Services released a letter and guidance telling doctors and hospitals that EMTALA requires them to perform abortions as a “stabilizing treatment” or transfer the woman to another facility for an abortion if the abortion is necessary to protect the life or health of the mother — even if the abortion would be illegal under state law.
Health exceptions for abortion are notoriously vague and can actually permit abortion on demand in many cases. That’s why states like Arkansas limit abortion to situations where the mother’s life is at risk instead of using a broader “health” exception. That’s also part of the reason why the Biden administration’s reinterpretation of EMTALA was a serious problem, prompting lawsuits from pro-life groups. Family Council was able to join amicus briefs in those cases.
Tuesday’s decision by the Trump administration means emergency room doctors won’t be forced to perform abortions or provide abortion referrals. That is a major, pro-life victory.
The federal government has no business trying to overrule state pro-life laws or turn emergency rooms into abortion facilities. Family Council appreciates all of the pro-life leaders who have stood against these bad federal policies, and we appreciate the Trump administration’s decision to rescind President Biden’s flawed “guidance” from 2022.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
