Biden administration launches reporting tool for health law at center of abortion dispute

Biden administration launches reporting tool for health law at center of abortion dispute

Although Daniel said EMTALA is “a life-affirming law,” she added that people need to view this announcement with skepticism, based on the Biden administration’s efforts to expand abortion through the president’s interpretation of the law.

“It’s so clear that they see EMTALA as a tool to try to back end abortion in pro-life states,” Daniel said. “It’s something we have to look at with a critical eye.”

If the Supreme Court were to rule in the administration’s favor, Daniel warned, “it basically opens the door to [Biden] rewriting all kinds of laws.”

The Supreme Court has not yet issued a ruling in the Idaho dispute. Last month, Joshua Turner, a lawyer representing Idaho before the high court, said the state law permits an abortion when the life of the mother is threatened, which is based on “the doctor’s good-faith medical judgment.”

In contrast, U.S. Solicitor General Elizabeth Prelogar, who provided the legal arguments on behalf of the DOJ, said Idaho’s law conflicts with the text of EMTALA.

In view of the case, the Catholic Health Association has expressed its concern that “the highly polarized and politicized nature of abortion conflates necessary medical interventions with elective procedures.” 

The association went on to note that “Catholic hospitals do not offer elective abortions. However, in tragic situations when a mother suffers from an urgent, life-threatening condition during pregnancy, Catholic health clinicians do provide medically indicated treatment, even if it poses a threat to the unborn or may result in the unintended death of the child.”

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