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1 1 (November 1, 2022)

handle is hein.crs/govejgj0001 and id is 1 raw text is: Congressional_______ R fesearch Service EMTALA Emergency Abortion Care Litigation: Overview and Initial Observations (Part II of II) November 1, 2022 As discussed in Part I of this Legal Sidebar series, after the Supreme Court decided Dobbs v. Jackson Wornen 's Health Organization and state abortion restrictions began going into effect in some states, the Department of Health and Human Services (HHS) issued a July 2022 guidance document (HHS Guidance) regarding the enforcement of the Emergency Medical Treatment and Active Labor Act (EMTALA). The HHS Guidance reiterates hospitals' and their physicians' obligations under EMTALA to provide stabilizing care-including abortion in medically appropriate circumstances-when a patient presenting at an emergency department is experiencing an emergency medical condition. After HHS issued the Guidance, the State of Texas, in Texas v. Becerra, sued to block enforcement of the Guidance while HHS, in United States v. Idaho, sued the State of Idaho to block enforcement of Idaho's abortion ban to the extent it conflicts with EMTALA. At the preliminary injunction stage, the district courts reached conflicting conclusions as to the validity of the Guidance and whether EMTALA preempted the state abortion restriction at issue. The Texas court enjoined the Guidance in Texas while the Idaho court enjoined part of Idaho's abortion restriction. This part of the Legal Sidebar provides an overview of the district court orders and some initial observations regarding those decisions and the parties' litigating positions. District Court's Decision in Texas v. Becerra The State of Texas and two plaintiffs representing physician organizations opposed to elective abortions sued to challenge the HHS Guidance. The plaintiffs assert, among other arguments, that the HHS Guidance exceeds HHS's statutory authority and was improperly issued without the requisite notice-and- comment process. In an August 2022 order, the U.S. District Court for the Northern District of Texas agreed and granted the plaintiffs' motion for preliminary injunction, temporarily enjoining the HHS Guidance in Texas. As a threshold matter, the court concluded that the plaintiffs had standing to sue and that the HHS Guidance is a final agency action subject to judicial review. As to standing, which requires plaintiffs to Congressional Research Service https://crsreports.congress.gov LSB10851 CRS Legal Sidebar Prepared for Members and Committees of Congress

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