Attorney General James Urges Federal Court to Maintain Access to Emergency Abortion Care

NEW YORK – New York Attorney General Letitia James and California Attorney General Rob Bonta today co-led a coalition of 24 attorneys general in filing an amicus brief in U.S. v. Idaho to protect access to emergency abortion care in Idaho. The brief urges the United States Court of Appeals for the Ninth Circuit to uphold a lower court’s preliminary injunction blocking Idaho’s restrictive abortion ban, which does not include an exception for emergency abortion care. Attorney General James and the coalition argue that preventing pregnant patients from receiving emergency abortion care can seriously harm patients’ health and overwhelm health care systems in Idaho and neighboring states.

“Denying emergency abortion care to a pregnant patient whose health is in jeopardy is unbelievably cruel,” said Attorney General James. “State restrictions on emergency abortion care are endangering patients, hurting families, and overwhelming health care providers. The right to get emergency abortion care should not depend on where you live. I will keep fighting back against these harmful bans, and I thank my fellow attorneys general for joining me in this effort.” 

The federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals that operate an emergency department and participate in Medicare – virtually every hospital in the country – to treat all patients who have an emergency medical condition before discharging or transferring them. Idaho’s abortion ban does not include an exception for emergency abortion care. Attorney General James and the coalition argue that several government agencies and courts have long determined that emergency abortion care and other pregnancy-related emergencies are covered under EMTALA.

The amicus brief submitted by Attorney General James and the coalition argues that allowing Idaho to override EMTALA’s protections for emergency abortion care can lead to pregnant patients dying or suffering irreversible injuries. The brief also notes that this action by Idaho could cause health care providers to leave the state, leading to worse patient care and pregnant patients seeking care in other states, which can overwhelm their health care systems. In fact, within a few months of Idaho’s abortion ban going into effect, nearly one in four obstetricians left the state or retired. This past March, Attorney General James co-led a multistate coalition of attorneys general and filed an amicus brief with the United States Supreme Court in this case, urging the court to maintain the district court’s preliminary injunction. The court ultimately sent the case back to the Ninth Circuit with the district court’s stay intact.

Joining Attorney General James in filing today’s amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

Today’s action is the latest in Attorney General James’ efforts to defend access to reproductive care and protect reproductive freedom in New York and nationwide. In October, Attorney General James and a coalition of attorneys general filed an amicus brief in support of access to mifepristone. In May, Attorney General James sued an anti-abortion group and 11 crisis pregnancy centers for promoting unproven abortion reversal treatment. In April, Attorney General James led a coalition of attorneys general in urging Congress to expand access to reproductive health services and pass the Access to Family Building Act. In January, Attorney General James led a coalition of 24 attorneys general urging the U.S. Supreme Court to protect access to mifepristone. In December 2022, Attorney General James secured a court order to stop militant anti-abortion group Red Rose Rescue from blocking access to abortion care in New York.