US Abortion Bans Should Not Pre-Empt the Duty to Provide Life-Saving Abortion Care to Pregnant Patients in Medical Emergencies

Abortion care in the USA is increasingly difficult to access after the June, 2022 US Supreme Court's Dobbs v Jackson Women's Health Organization ruling overturned Roe v Wade. Since then many US states have banned abortion or introduced severe restrictions. 1 Center for Reproductive RightsAfter Roe fell: abortion laws by state. https://reproductiverights.org/maps/abortion-laws-by-state/Date: 2024 Date accessed: March 14, 2024 Google Scholar On April 24, 2024, the US Supreme Court will hear a case to determine whether state-level abortion bans can bar abortion even when protected under the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law which guarantees access to abortion when necessary to stabilise an emergency medical condition. 2 Supreme Court of the United StatesIdaho, Petitioner v United States. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-727.htmlDate: 2024 Date accessed: March 12, 2024 Google Scholar Some opponents of abortion rights have argued that clinicians are wilfully denying abortion out of self-interest; in defending Texas's strict law that bans abortion in most cases, one Texas Attorney General went so far as to tell patients to sue their physicians if they are denied an abortion under the state exemptions. 3 Elbein S Texas AG's office argues women should sue doctors—not state—over lack of abortion access. The Hill. https://thehill.com/policy/healthcare/4331412-texas-ags-office-argues-women-should-sue-doctors-not-state-over-lack-of-abortion-access/Date: Nov 28, 2023 Date accessed: March 12, 2024 Google Scholar