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

PHOENIX -Attorney General Kris Mayes today joined 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. The coalition argues that preventing pregnant patients from receiving emergency abortion care can seriously harm patients' health and overwhelm health care systems in Idaho and neighboring states.

"Idaho's abortion ban is not only dangerous, it's unlawful under federal standards" said Attorney General Mayes. "Emergency abortion care saves lives, and we cannot allow this ban to put lives at risk or overwhelm health care systems in Idaho and its neighboring states. I will continue to stand alongside my fellow attorneys general to fight to protect access to essential, life-saving care."

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 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 worsened 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, a multistate coalition of attorneys general and filed an amicus brief with the United States Supreme Courtin 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 Mayes in filing today's amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.