Science Returns to FDA Decision-Making!

WASHINGTON — The American Civil Liberties Union joined more than 100 abortion storytellers on Capitol Hill today to demand that lawmakers defend the reproductive freedom of people across the country against escalating attacks in Congress and by the Trump administration. The education day, organized by Abortion Access Now (AAN) and Free & Just, brought the largest storyteller convening for abortion rights to the Hill since the Supreme Court overturned Roe v. Wade three years ago. Abortion patients, providers, and advocates held over 100 meetings with members of Congress on both sides of the aisle, speaking directly to lawmakers about the human toll of abortion bans: delayed medical care, severe health complications, and even the loss of women’s lives. As part of the education day on the Hill, ACLU Chief Political and Advocacy Officer Deirdre Schifeling, shared the following remarks at an event with lawmakers. “Three years on from the Dobbs decision, reproductive freedom and our right to bodily autonomy are still under siege. The attacks are not coming in the most obvious or direct way, a national abortion ban passed by Congress, because they know the American people won’t stand for it. Instead, it’s a ‘death by many cuts’ strategy designed by anti-abortion politicians to eliminate access nationwide, even in states where care is protected. “Right now, Congress is considering ‘defunding’ Planned Parenthood by blocking Medicaid patients from using their insurance there, which would shutter 1 in 4 of the country’s abortion providers. The FDA is using junk science to justify making medication abortion harder for patients to get even where it is legal. And the Trump administration continues to make reckless decisions that create chaos and confusion for patients seeking emergency care and their health care providers across the country. “Our communities need congressional leaders to hold the Trump administration accountable, and to act with the urgency that this moment requires to protect our reproductive freedom.”

WASHINGTON — Today, the Trump administration rescinded guidance that reaffirmed hospitals’ obligation under the Emergency Medical Treatment and Labor Act (EMTALA) to provide health-saving and lifesaving abortion care to patients experiencing medical crises. The rescission of the guidance is yet another clear sign the administration is caving to its anti-abortion allies and reneging on President Trump’s campaign promises that his administration would not interfere with abortion access. The Trump administration’s announcement came the same day as an anti-abortion group challenging the guidance chose to dismiss its case, Catholic Medical Association v. U.S. Department of Health and Human Services. This case threatened to jeopardize access to emergency abortion care nationwide. The Catholic Medical Association’s decision to abandon its case came just days after Doctors for America — represented by the American Civil Liberties Union, ACLU of Tennessee, Democracy Forward, and the National Women’s Law Center — moved to intervene as a defendant in the case to ensure that access to this critical care was vigorously defended. While the federal government was named as a defendant in the case, it had made no move to defend EMTALA and the right to emergency abortion care in the lawsuit. “The Trump administration cannot simply erase four decades of law protecting patients’ lives with the stroke of a pen,” said Alexa Kolbi-Molinas, deputy director of the ACLU’s Reproductive Freedom Project. “Regardless of where they live, pregnant patients have a right to emergency abortion care that will save their health or lives. By rescinding this guidance, the Trump administration has sent a clear signal that it is siding not with the majority, but with its anti-abortion allies — and that will come at the expense of women’s lives. The ACLU will use every lever we have to keep President Trump and his administration from endangering our health and lives.” “For decades, EMTALA has protected the ability of all people, including those who are pregnant, to receive life and health saving, stabilizing care in emergency situations. Yet, extremists have sought to undermine these protections for those who are pregnant following the U.S. Supreme Court’s decision in Dobbs through filing baseless legal challenges like the one they dismissed today and through the EMTALA guidance rescission announced today,” said Skye Perryman, President & CEO for Democracy Forward. “The Trump administration’s decision to withdraw EMTALA guidance guaranteeing pregnant people medical care in emergency situations will sow confusion for providers and endanger the lives and health of pregnant people. Every American deserves the right to access the necessary care in emergency scenarios, including pregnant people, without political interference. Democracy Forward will continue to work with our partners to use all legal tools to defend Americans’ reproductive freedom, promote evidence-based and medically accurate information and care, and oppose efforts that place political ideology over patient care.” “EMTALA has long protected the right to emergency care, including abortion when it is the necessary treatment to stabilize a patient. Stripping away federal guidance affirming what the law requires will put lives at risk,” said Fatima Goss Graves, president and CEO of the National Women’s Law Center. “To be clear: this action doesn’t change hospitals' legal obligations, but it does add to the fear, confusion, and dangerous delays patients and providers have faced since the fall of Roe v. Wade. At the same time, this administration claims it is considering ways to support ‘population growth,’ but it is actively dismantling the systems that protect pregnant people’s health and lives. The hypocrisy is staggering. No matter what political games the administration wants to play, we will continue to stand with the patients, doctors, and hospitals fighting every day to do what is right.” For nearly four decades, EMTALA has been understood by medical providers and the federal government — including both Democratic and Republican administrations — to require abortion care when that care is needed to stabilize pregnant patients in a medical crisis. As Doctors for America’s motion to intervene emphasized, stripping away EMTALA’s protections would put doctors in legal chaos and force them to violate their sworn duty: to save lives and prevent harm.

WASHINGTON — Today, Doctors for America — represented by Democracy Forward, the American Civil Liberties Union, the ACLU of Tennessee, and the National Women’s Law Center — is taking legal action to defend pregnant patients' right to receive, and for physicians to provide, health- and life-saving abortion care under the Emergency Medical Treatment and Labor Act (EMTALA). This federal law has required hospitals with emergency departments to provide stabilizing treatment, including abortion, to patients experiencing medical emergencies for nearly four decades. Through its intervention, Doctors for America seeks to ensure that the right to emergency abortion care under EMTALA is vigorously defended. Doctors for America’s motion to intervene was filed in Catholic Medical Association v. U.S. Department of Health and Human Services et al., which challenges EMTALA guidance issued in 2022, which reaffirms EMTALA’s protections for pregnant people, in the U.S. District Court for the Middle District of Tennessee Nashville Division. “Doctors should not be forced to choose between following the law and saving a patient’s life,” said Dr. Christine Petrin, president of Doctors for America. “EMTALA was designed to protect patients in crisis. We are fighting to ensure that these protections extend to pregnant patients and that physicians can provide lifesaving treatment to them without fear of prosecution.” For nearly 40 years, EMTALA has been understood by medical providers and the federal government — including both Democratic and Republican administrations — to require abortion care when that care is needed to stabilize pregnant patients in a medical crisis. As today’s motion to intervene emphasizes, stripping away EMTALA’s protections would put doctors in legal chaos and force them to violate their sworn duty: to save lives and prevent harm. “Pregnant people have suffered needlessly, and some have died, because of the chaos and confusion that abortion bans have caused for patients and their doctors,” said Carrie Flaxman, senior legal advisor at Democracy Forward. “EMTALA has protected the lives and health of pregnant people for nearly four decades — it is a critical safeguard to ensure that pregnant people receive medical care in emergency situations, including abortion care. Any attempt to undermine EMTALA and its implementation — which will sow confusion for providers and endanger the lives and health of pregnant people — will be met swiftly with action by Democracy Forward, our partners, and our brave clients.” “When pregnant patients go to the emergency room, they expect to get the care needed to protect their health and lives — but anti-abortion politicians and their allies would rather see women die than access abortion,” said Alexa Kolbi-Molinas, deputy director of the ACLU Reproductive Freedom Project. “It is shocking but not surprising that extremists continue pushing to make abortion completely inaccessible, even in emergencies. The ACLU and our partners will not stop fighting against these continued attacks on our reproductive freedom.” “We are taking action because lives are on the line,” said Emily Martin, chief program officer at the National Women’s Law Center. “Every one of us expects that if we, or someone we love, face a medical emergency, a hospital will do what it takes to save us. But since the Supreme Court lawlessly overturned Roe v. Wade, anti-abortion extremists have wrought legal chaos. As a result, some pregnant patients facing life- and health-threatening emergencies haven’t been able to get the care they urgently need and are entitled to by law. Pregnant people have the right to access emergency care just like anyone else, including emergency abortion care. We will not allow these basic safeguards to be stripped away by extremists. The federal law requiring emergency care be provided to all has been saving lives for decades, and we refuse to let anti-abortion politicians put more pregnant people at risk of immense suffering or even death because they can’t get the care they have the right to receive.”

On behalf of Doctors for America, the ACLU and several partner organizations are intervening to vigorously defend pregnant patients' right to receive, and for physicians to provide, health- and life-saving abortion care under the Emergency Medical Treatment and Labor Act (EMTALA). This federal law has required hospitals with emergency departments to provide stabilizing treatment, including abortion, to patients experiencing medical emergencies for nearly four decades.