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Pro-Life Advocates Celebrate Major Victory with EMTALA Guidance 

25 Jun 2025
Jacqueline O’Hara
Biden Administration, Emergency Medical Treatment and Labor Act ( EMTALA.), second Trump Administration
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The Trump administration recently rescinded the Biden administration’s misguided interpretation of the Emergency Medical Treatment and Active Labor Act, EMTALA. Pro-abortion advocates framed this move as an assault on women’s health and safety, while pro-life advocates heralded it as a major victory for the conscience rights of medical professionals and proper medical standards.

For context, EMTALA is a federal law that was enacted in the 1980s to ensure that every patient who arrived at an emergency room received proper care, regardless of their condition or ability to pay. It’s worth noting that the official text of EMTALA includes zero mentions of abortion. However, pro-life advocates, especially those at national pro-life organization Susan B. Anthony Pro-Life America, have highlighted that it does repeatedly note that medical professionals are required to provide stabilizing care for both a pregnant woman and her “unborn child.”

Despite the law’s noticeable failure to mention abortion, and insistence on care for both mother and child, pro-abortion advocates under the Biden administration saw EMTALA as an opportunity to circumvent Idaho’s Defense of Life Act, which would ban most abortions with a few exceptions. In August 2022, the Biden administration sued Idaho over the Defense of Life Act, arguing that under EMTALA, medical professionals are required to perform abortions in the case of a medical emergency.

Pro-life physicians and activists quickly voiced opposition to this lawsuit, which many saw as a transparent case of political lawfare intended to further the Biden administration’s abortion agenda. Life-affirming medical professionals, especially those at the American Association of Pro-Life OBGYNs, attempted to set the record straight by clarifying that abortions are never medically necessary and emphasizing that they still have the ability to offer critical life-saving care in states that have commonsense restrictions on abortion.

Dr. Ingrid Skop, a board-certified ob-gyn with over 30 years of experience, welcomed the update in a statement. “This coercive effort by the prior administration to subvert existing laws to promote abortion was never necessary, as EMTALA has never been confusing for me or my obstetric peers,” she said. “Every state pro-life law already permitted physicians to intervene immediately in a pregnancy emergency to protect a woman’s life.”

“Although I do not perform elective abortions,” she added, “I have always been able to provide quality care in obstetric emergencies, seeking to preserve the lives of both mother and child.”

Moreover, many pro-life medical professionals and advocates were quick to note that not only are they able to offer critical lifesaving care, including miscarriage care, in all 50 states, but also that the few cases where such care has been denied to women were a direct result of pro-abortion fearmongering, which they claimed unnecessarily confused medical professionals about what care was allowed.

In March, Attorney General Pam Bondi dropped the lawsuit against Idaho. Now, pro-life advocates are celebrating that the Trump administration has officially rescinded an unnecessary, anti-conscience rights and politically malicious guidance.

 

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About the Author
Jacqueline O’Hara

Jacqueline O’Hara is a Catholic writer from rural Virginia.

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