Duckworth, Durbin Join Murray, Senate Democrats in Introducing Resolution to Recognize Patients’ Rights to Emergency Health Care

September 20, 2024

Duckworth, Durbin Join Murray, Senate Democrats in Introducing Resolution to Recognize Patients' Rights to Emergency Health Care

Abortion Bans Have Delayed Emergency Medical Care. In Georgia, Experts Say Were This Mother's Death Was Preventable.

[WASHINGTON, D.C.] - U.S. Senator Tammy Duckworth (D-IL) and U.S. Senate Majority Whip Dick Durbin (D-IL) joined U.S. Senator Patty Murray (D-WA) and 38 of their Democratic colleagues in introducing a Senate resolution to reinforce the standard that every patient has the basic right to emergency health care, including abortion care, regardless of where they live. The introduction comes as new reporting from ProPublica makes plain that Republican abortion bans are preventing women from receiving lifesaving emergency health care and resulting in preventable deaths.

"When we warned Donald Trump and Senate Republicans that women would die if they succeeded in overturning Roe, they called us fearmongers. Tragically, it's now painfully obvious that we were right," Duckworth said. "We cannot wait for more women to die a preventable death because of Republicans' draconian abortion bans-we must protect reproductive rights and women's access to emergency medical care nationwide, and Democrats are working tirelessly to do just that."

"When a woman arrives at the emergency room, she should not be worried about whether or not she will receive necessary medical treatment. Her family should not have to worry that their loved one may die because politics interfered with medical decision making. But because the right-wing supermajority on the Supreme Court overruled Roe v. Wade, as Donald Trump promised, that is exactly what is happening," said Durbin. "I'm joining my colleagues in introducing this legislation to make clear that we will not give up the fight for women to receive the medical care they need, especially in emergency circumstances where access to care is a matter of life and death."

Since the overturn of Roe v. Wade over two years ago, nearly two dozen US states led by Republicans have passed, banned or severely restricted access to abortion. These strict laws have created confusion around the treatment doctors can provide even when a pregnant patient's life is in danger, as physicians fear that they may lose their medical license, be sued, or even charged with a felony if they perform life-saving emergency care. Despite the federal Emergency Medical Treatment and Labor Act's (EMTALA) requirements that Medicare-participating hospitals treat and stabilize pregnant patients in need of emergency medical care, women are being turned away from emergency rooms following the Dobbs decision.

In Moyle v. United States, the U.S. Supreme Court had the opportunity to reaffirm that federal law requires pregnant patients to have access to life-saving emergency care in every state, but instead, the Court dismissed the case and sent it back to the lower courts, effectively punting on making a decision on the case itself. While the litigation continues in the Ninth Circuit Court of Appeals, the health and lives of women remain at risk as uncertainty around emergency abortion care persists. 121 Congressional Republicans, including 26 Senators, filed an amicus brief arguing that EMTALA does not require hospitals to provide abortion care as emergency stabilizing care in order to save a patient's life.

In addition to Duckworth, Durbin and Murray, this resolution is co-led by U.S. Senators Jacky Rosen (D-NV), Tammy Baldwin (D-WI) and Ron Wyden (D-OR) and co-sponsored by U.S. Senate Majority Leader Chuck Schumer (D-NY) and U.S. Senators Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Laphonza Butler (D-CA), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Marin Heinrich (D-NV), George Helmy (D-NJ), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Amy Klobuchar (D-MN), Jeff Merkley (D-OR), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT) and Sheldon Whitehouse (D-RI).

The resolution is endorsed by Planned Parenthood Federation of America, Center for Reproductive Rights, In Our Own Voice: National Black Women's Reproductive Justice Agenda, Reproductive Freedom For All (formerly NARAL Pro-Choice America), American College of Obstetricians and Gynecologists, National Women's Law Center, Physicians for Reproductive Health, Power to Decide, National Latina Institute for Reproductive Justice, Guttmacher Institute, National Family Planning & Reproductive Health Association, All* Above All, National Asian Pacific American Women's Forum, URGE: Unite for Reproductive and Gender Equity, National Council of Jewish Women and National Partnership for Women and Families.

Last week, U.S. Representatives Emilia Sykes (D-OH-13) and Mikie Sherrill (D-NJ-11) introduced the House companion to yesterday's Senate resolution.

The full text of the resolution can be found on Senator Murray's website.

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