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Abortion

Emergency abortion care access

The Supreme Court has been called upon to rule on the future of emergency abortion care access, particularly in states with restrictive abortion bans. The ACLU and reproductive rights advocates have argued before SCOTUS that federal law (EMTALA) requires hospitals to provide emergency abortions. This is an active and consequential national legal battle following the overturning of Roe v. Wade.

Should federal law require hospitals to provide emergency abortion care regardless of state abortion bans?

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Sources

American Civil Liberties Union — https://www.aclu.org/news/page/28?redirect=newsroom
Special Edition: Emergency Abortion Care at SCOTUS. Today, on April 24, the Supreme Court will hear oral arguments in a case that will determine the future of emergency abortion care.
Close Up Foundation — https://www.closeup.org/category/civil-rights-and-individual-liberties/page/3
In a 5-4 decision, the Supreme Court declined to review a new Texas law (S.B. 8) restricting abortion access in the state after six weeks of pregnancy.
Positions on this issue  ·  liberal → conservative
  1. Federal law must guarantee emergency abortion care at all hospitals nationwide, overriding any state abortion ban.
  2. EMTALA should be interpreted broadly to protect patients needing emergency abortion care in all circumstances.
  3. Courts should balance state abortion laws and federal emergency care requirements on a case-by-case basis.
  4. States should be able to define exceptions to emergency abortion care requirements within their own laws.
  5. State abortion bans should take full precedence; federal law should not mandate hospitals to perform abortions.