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Alliance Defending Freedom (ADF) recently issued a press release announcing a lawsuit filed on behalf of the Catholic Medical Association. The group, a national network of about 2,500 physicians and health care providers, argues that a Biden-Harris era mandate violates their conscience rights, and that it oversteps executive authority.
In 2022, the Biden-Harris administration issued a mandate for hospitals to commit so-called medically necessary abortions, claiming that it’s required under the federal Emergency Medical Treatment and Labor Act (EMTALA). The announcement from the Department of Health and Human Services (HHS) claimed the requirement preempts state laws, even though every state in the country with abortion restrictions already includes exceptions to save the mother’s life. (Technically, however, intentionally and directly killing a preborn child is not medically necessary; preterm emergency delivery is not an induced abortion.)
“If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the HHS guidance said. “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.”
Continued below.
In 2022, the Biden-Harris administration issued a mandate for hospitals to commit so-called medically necessary abortions, claiming that it’s required under the federal Emergency Medical Treatment and Labor Act (EMTALA). The announcement from the Department of Health and Human Services (HHS) claimed the requirement preempts state laws, even though every state in the country with abortion restrictions already includes exceptions to save the mother’s life. (Technically, however, intentionally and directly killing a preborn child is not medically necessary; preterm emergency delivery is not an induced abortion.)
“If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the HHS guidance said. “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.”
Continued below.
