Emergency Abortion Care to Preserve the Health of Pregnant People: SCOTUS, EMTALA, and Beyond Laurie Sobel, Mabel Felix, Usha Ranji, and Alina Salganicoff Published: Jun 27, 2024

https://www.kff.org/policy-watch/emergency-abortion-care-scotus-emtala/?utm_campaign=KFF-This-Week&utm_medium=email&_hsenc=p2ANqtz-_5QYk7LiFlZSlR7WvmtL5RwYqBCsgeXqa9rCDgRUAQhCEi8lL6jqAPmj2wx6aMmsSIlJWCR41o8XySQCL77QCZ1BhI4w&_hsmi=313690363&utm_content=313690363&utm_source=hs_email After much anticipation, SCOTUS has dismissed the second abortion-related case it heard this term, Moyle v. United States (consolidated with United States v. Idaho). A majority of the justices decided that the Court should not have taken the case at this time and, because of that, there is no ruling on the core questions presented and the case returns to lower courts for further proceedings. The decision also reinstates a District Court’s order blocking enforcement of the Idaho abortion ban where it conflicts with EMTALA, the federal law requiring hospitals to provide stabilizing treatment to patients who present to their emergency rooms. Idaho – like 5 other states – has an abortion ban that includes an exception to save the life of the pregnant person, but no exception for preserving health. Today’s decision does not affect enforcement of bans in any other states. This decision means the Court did not rule on the merits on any of the abortion-related cases this term, a topic of high significance to many voters ahead of the 2024 presidential elections.