Press Release |

Ninth Circuit Hears Arguments in EMTALA Case

The Ninth Circuit Court of Appeals is hearing oral arguments in US v Idaho and Moyle, cases that could threaten access to emergency abortion care. Please reference our brief highlighting stories from providers who provide abortion care.

Dr. Jamila Perritt, President & CEO of Physicians for Reproductive Health and ob/gyn in DC responds:

“Today, the Ninth Circuit Court of Appeals will hear oral arguments in the EMTALA case, US v. Idaho and Moyle. Make no mistake, this case it not just an academic exercise. It weighs life and death questions. At its heart lies the fundamental principle that every person deserves life-saving health care in all circumstances, especially when facing a medical emergency. As abortion providers, our training, expertise, and ethical responsibility demand that we make evidence-based decisions based on patients’ needs, not in response to the intentional fear and chaos caused by threats of prosecution or ambiguous legal restrictions. Yet, abortion bans like those in place in Idaho undermine that obligation. Abortion bans put lives at risk and force providers to choose between their patients and their own livelihoods, and many other states are following Idaho’s lead. We cannot remain inert as more patients are refused the care they need and placed, unnecessarily, in harm’s way.

Unfortunately, the stories of Amber Thurman, Candi Miller, and Porsha Ngumezi are just three we know of. There have been and will be countless more…

“This refusal and denial of care is not a hypothetical, nor is it a one-off scenario. Unfortunately, the stories of Amber Thurman, Candi Miller, and Porsha Ngumezi are just three we know of. There have been and will be countless more as we work to grapple with the devastating outcome of abortion bans, unless we demand change.

“We will never stop saying it: abortion is health care. Patients experiencing hemorrhage, sepsis, or other complications cannot wait until they meet a vague “life-threatening” threshold. As medical professionals, we know this because we see it every day. We treat it every day. We, not politicians, know what is best for our patients as our judgment is rooted in science and years of experience, not ideologies that threaten the health and wellbeing of our patients, rooted in legacies of stratified reproduction, cis-hetero-patriarchy, and racism. Lawmakers and courts cannot replace the depth of understanding required to deliver health care in moments of crisis. Yet, they increasingly dictate if, when, and how we can provide life-saving care.

We urge the Ninth Circuit to uphold EMTALA’s clear mandate that hospitals must stabilize emergencies…

“We urge the Ninth Circuit to uphold EMTALA’s clear mandate that hospitals must stabilize emergencies, including those requiring abortion care. The lives of our patients, especially those with intersected marginalized identities depend on it.  This is the least of what our communities deserve.

“To our community: We will continue to advocate, care, and fight for a world where every person receives the compassion and expert-level health care they deserve. You matter, your life matters, and we will never stop fighting for you.

“We will continue to say the names of Amber Thurman, Porsha Ngumezi, Candi Miller, and all who have lost their lives to abortion bans. We will not let their stories fade, disappear or be co-opted for political gain. These lives matter, and their losses compel us to keep fighting for the future of care.”