Trump administration scraps guidance protecting right to life-saving emergency abortions

Washington DC - President Donald Trump's administration on Tuesday rescinded guidance issued under his predecessor Joe Biden explicitly protecting hospitals for providing emergency abortions.

President Donald Trump's administration scrapped a Joe Biden-era memo protecting hospitals that provide emergency abortions even with states with restrictions on the procedure.
President Donald Trump's administration scrapped a Joe Biden-era memo protecting hospitals that provide emergency abortions even with states with restrictions on the procedure.  © SAUL LOEB / AFP

The memo, which required hospitals to provide emergency abortions to women whose health was at risk even in states with abortion restrictions, was scrapped by the Centers for Medicare and Medicaid Services, a branch of Robert F. Kennedy Jr. Health and Human Services Department.

The Biden-era memo had been issued in July 2022, weeks after the US Supreme Court revoked federal abortion rights.

It sought to maintain some abortion protections by guiding the interpretation of the 1986 Emergency Medical Treatment and Labor Act (EMTALA).

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The EMTALA "provides rights to any individual who comes to a hospital emergency department and requests examination or treatment", according to the latest memo issued by the Centers for Medicare and Medicaid Services.

Although the memo specifying emergency abortion protections has been rescinded, the overarching law enshrining a person's right to receive emergency medical services remains in place.

"Patients, including pregnant people, are entitled to the full rights and protections afforded under this federal statute," Tuesday's memo specified.

But reproductive rights advocates warned that the decision would put women's lives at risk.

"The Trump administration would rather women die in emergency rooms than receive life-saving abortions," said Nancy Northup, President and CEO of the Center for Reproductive Rights.

This is the latest move by Trump and his administration to restrict abortion access.

In his first week back in office, the president revoked two executive orders signed by Biden, which aimed to protect access to abortion pills and the ability to travel to states where abortions are not banned, among other things.

Cover photo: SAUL LOEB / AFP

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