04.24.24

Cantwell Statement on Idaho Abortion Ban Case Before SCOTUS Today

Draconian Idaho law bans abortions even in medical emergencies, forcing hospitals to turn away patients facing dire complications

WASHINGTON, D.C. – Today, the U.S. Supreme Court heard oral arguments in Moyle v. United States, which will determine whether Idaho’s near-total ban on abortion conflicts with a federal law requiring hospitals to provide stabilizing care to patients experiencing a medical emergency. U.S. Senator Maria Cantwell (D-WA) made the following statement:

“Emergency room doctors and nurses should be able to provide patients the medical care they need, including abortion, without political interference or legal threats,” Sen. Cantwell said. “No one should be turned away from the emergency room because providers are prohibited from giving them the critical care they need – yet that’s the world we will live in if anti-choice advocates prevail in this case.”

The Emergency Medical Treatment and Labor Act (EMTALA), a federal law enacted nearly 40 years ago, requires any hospital receiving federal funds to provide its patients with necessary stabilizing care. The Idaho abortion ban, however, threatens doctors with criminal charges if they perform the procedure outside cases of rape or incest or those deemed “necessary to prevent the death of the pregnant woman.” Across the country, women in states with similar bans are miscarrying in emergency room lobbies and cars after being turned away by health care providers.

Last month, Sen. Cantwell joined her colleagues in submitting an amicus brief to the U.S. Supreme Court in Moyle v. United States and Idaho v. United States, two consolidated cases concerning EMTALA.

“Respecting the supremacy of federal law is about more than just protecting our system of government; it is about protecting people’s lives. If this Court allows Idaho’s near-total abortion ban to supersede federal law, pregnant patients in Idaho will continue to be denied appropriate medical treatment, placing them at heightened risk for medical complications and severe adverse health outcomes. And health care providers, forced to let Idaho’s abortion law take precedence over their medical judgment about their patients’ best interests, will continue their exile from Idaho, creating maternity-care ‘deserts’ all over the state,” the members wrote in their amicus brief.

Since a spring 2022 leak indicated the Supreme Court’s intent to overturn the precedent set by Roe v. Wade, Sen. Cantwell has been fighting tirelessly to preserve reproductive rights across the country. A full breakdown of her actions is available HERE.