The US Supreme Court heard oral arguments on Wednesday in the
consolidated cases of Moyle v. United States, Case
No. 23-726and Idaho v. United States, Case No.
23-727. These cases asked the justices to consider whether the
federal Emergency Medical Treatment and Labor Act (EMTALA)
conflicts with Idaho's criminal abortion ban, which applies
to all abortions except those “necessary to prevent the death
of the pregnant woman” or that follow reported rape or
incest. Idaho Code § 18-622.
EMTALA requires all hospitals that accept Medicare funds to
provide stabilizing treatment to any individual who the hospital
“determines has an emergency medical condition.” 42
U.S.C. § 1355dd. If the hospital lacks the staff or facilities
to treat the individual, EMTALA mandates that it transfer the
individual to a facility who can provide that care. EMTALA was
enacted to guard against the practice of private hospitals
“dumping” patients—often those without
insurance—on county or state
