The Trump administration this week rescinded Biden-era guidance attempting to force emergency room doctors to perform abortions.
The Biden administration attempted to require emergency room doctors to perform abortions under its own interpretation of the Emergency Medical Treatment and Labor Act of 1986 (EMTALA). After the Supreme Court overturned Roe v. Wade, which had invented a constitutional right to abortion, the Department of Health and Human Services (HHS) issued guidance in July 2022 claiming that EMTALA requires doctors to perform abortions on patients in emergency rooms when it is “the stabilizing treatment necessary” to help in a medical emergency. Under the guidance, hospitals not in compliance could lose funding and the ability to participate in Medicaid.
The Biden-era guidance was the subject of a lawsuit challenging Idaho’s
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