Can states prevent doctors from giving emergency abortions, even if federal law requires them to do so? The Supreme Court will decide

Other pregnancy complications that may require an abortion include separation of the placenta from the uterus, as well as preeclampsia, eclampsia and heart or kidney conditions.

Physicians in states with abortion bans may fear steep criminal sanctions if they provide an abortion in these cases. Instead, they may decide the best way to avoid criminal liability is to wait until the patient is on the brink of death. But because it is impossible to measure precisely how close someone is to dying, this approach risks patient death or serious bodily harm, as well as loss of fertility.

The EMTALA case could also play an important role in the ongoing debate about whether fetuses are persons. Idaho, for example, argues that EMTALA requires the pregnant patient and “the unborn child” to be treated equally.

Another issue that may arise is whether a hospital’s moral or religious objection to abortion allows it to deny abortions, even when EMTALA would require one.

Finally, if the Supreme Court decides that EMTALA does not override state law, the ruling could open the door for states to try to limit other kinds of emergency medical care, like HIV treatments or mental health care.

Of course, the court could decide that EMTALA prevails over state law, allowing for abortions to protect the pregnant person’s health from serious jeopardy. Given the court’s holding in Dobbs, however, which returned the question of abortion to the states, that does not seem likely, in our view.

This article is republished from The Conversation, a nonprofit, independent news organization bringing you facts and analysis to help you make sense of our complex world.

The authors do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.