Life-saving abortions are protected under the Emergency Medical Treatment and Active Labor Act of 1986, the Department of Health and Human Services says.
, and emergency medical care for people seeking abortions or experiencing pregnancy loss. In an effort to protect the privacy of patients and medical providers, Biden also asked Attorney General Merrick Garland and Secretary of Homeland Security Alejandro Mayorkas to take action to ensure the safety and security of anyone who might be seeking or providing these medical services.
The HHS guidance that was released July 11 states that it is legal for doctors to provide"life- or health-saving abortion services in emergency situations" under the Emergency Medical Treatment and Active Labor Act , passed in 1986. EMTALA requires hospitals provide all patients with"stabilizing treatment," among other services, which"could include medical and/or surgical interventions, including abortion," the statement explains.
The guidance is intended to reassure providers that they have federal protection if they perform a life-saving abortion procedure on a patient."Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care," Becerra said in the statement.
While Biden's order may sound promising, it's important to note that it does not override the Supreme Court's decision or create any immediate changes in the situation. The 50 states are still able to set their own abortion policies. Amid criticism that the Biden administration isn't working swiftly enough to address dwindling reproductive rights in the nation, Biden said the responsibility to codify Roe lies with Congress:"The fastest way to restore Roe is to pass a national law, which I will sign immediately upon its passage on my desk." He added,"The challenge is go out and vote. For God's sake, there's an election in November. Vote. Vote. Vote. Vote.
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