Moyle v. United States asks whether the Emergency Medical Treatment and Labor Act (EMTALA), a federal law, preempts — or overrides — Idaho’s Defense of Life Act... Put simply, Moyle v. United States concerns whether states can restrict abortion beyond what EMTALA currently allows...
The Defense of Life Act forbids all abortions in the state except when necessary to save the life of the pregnant person or when the pregnant person self-reports as a victim of rape. Its exception to save the life of the pregnant person allows a physician to perform an abortion if they, in their good faith medical judgment, believe it is needed to prevent a pregnant patient’s death.
Meanwhile, EMTALA requires hospitals with emergency departments that participate in Medicare to:
- Provide screening upon a patient’s request for an emergency medical condition; and
- Provide stabilizing treatment or transfer them to another hospital if they cannot do so or at the patient’s request.
LWVUS Blog / Last Updated: April 23, 2024
Full Article By: Thomas Tai
