Doctors urge Supreme Court to allow abortions in medical emergencies

U.S. Supreme Court. Image via AP.

The U.S. Supreme Court could decide soon if emergency room doctors can perform abortions in moments of crisis under a federal law — a case that doctors fear might have implications for a state like Florida, where a six-week abortion ban is in place.

Medical professionals are speaking out, urging the nation’s court to uphold the rule that says hospitals receiving Medicare — most hospitals — can provide stabilizing care to patients in grave danger under the Emergency Medical Treatment and Labor Act (EMTALA). That care includes abortions.

“With certain states, with certain Attorneys General, or with prosecutors in certain jurisdictions, we have no idea how they might interpret an action that is taken,” said Rob Davidson, an emergency room doctor in Western Michigan, as doctors are waiting for the Supreme Court decision.

“At what point does a pregnant woman’s life become in danger? How many pints of blood do they lose? How many transfusions are required to give before we determine this is life threatening?”

Davidson joined medical professionals from Florida, Arizona and other states with strict abortion laws to advocate for the federal act during a virtual press conference Friday organized by the Committee to Protect Health Care.

The case in front of the Supreme Court centers around Idaho, which has one of the most restrictive laws in the United States. There, it’s a felony for doctors to terminate a pregnancy except to save the life of the mother.

The U.S. Department of Justice sued Idaho in 2022 over the EMTALA and won an injunction, but the ruling was appealed to the nation’s highest court, setting the stage for this summer’s ruling that comes in an election year.

More than 5,000 active and retired doctors in Florida and across the country signed a letter demanding patients be allowed to have abortions where otherwise they might suffer heavy bleeding, strokes, severe preeclampsia and other health risks.

“No patient should be denied access to emergency care, including people who need an abortion. We know firsthand how complications from pregnancy can lead very quickly to a medical crisis, requiring immediate care and treatment,” the letter said.

Cecilia Grande spoke out Friday about Florida’s six-week abortion ban.

“Here in Florida, we already have witnessed what it’s like for patients to be turned away from the care they need. Florida has a near total abortion ban,” said Grande, a Miami doctor who also participated Thursday in a Florida Democratic Party virtual press conference.

“So many types of complications can arise after six weeks of pregnancy, but Floridians are no longer free to make decisions about their pregnancies. We doctors have our hands tied.”