Source: United States House of Representatives – Congresswoman Mikie Sherrill (NJ-11)
WASHINGTON, DC — Representatives Mikie Sherrill (NJ-11) and Emilia Sykes (OH-13) reintroduced a resolution to reaffirm access to emergency abortion care under the Emergency Medical Treatment and Labor Act. Their advocacy comes shortly after President Trump’s Department of Justice dropped a case that sought to protect emergency abortion care nationwide.
“Federal law protects a woman’s right to emergency care — including abortion — and this resolution affirms these legal protections in the face of attacks from Washington Republicans. President Donald Trump has walked away from a court case that would uphold the Emergency Medical Treatment and Labor Act’s protections for emergency abortion care. This deeply dangerous decision means that Donald Trump and the Department of Justice have decided to let women die by allowing restrictions on abortion access that violate EMTALA,” said Rep. Sherrill. “No woman should have to wait until her condition is life-threatening to get an abortion — and when they do, we’ve seen dire consequences. Rep. Sykes and I will continue pushing Congress to take swift action to protect women in New Jersey and nationwide.”
“Since the overturn of Roe, we’ve heard too many horror stories of pregnant women being turned away from emergency rooms. The Trump administration’s decision to drop this case is dangerous and has placed women’s access to emergency care in jeopardy yet again. Unfortunately, this falls right in line with this Administration and House Republicans’ attacks on our access to health care, as we have seen with their proposals to cut Medicaid for millions of Americans, including hundreds of thousands of Ohioans in my district alone. This is completely unacceptable,” said Rep. Sykes. “Women should be able to access the reproductive healthcare they need, whenever they need it. I’m proud to lead this resolution with Rep. Sherrill to reaffirm that EMTALA guarantees emergency medical care, including abortion, for all Americans, no matter where they live.”
“Every American is entitled to life-saving health care when they need it, and no one should be forced to the brink of death because doctors are scared to provide essential care in an emergency,” said Rep. Degette (CO-01), Reproductive Freedom Caucus Co-Chair. “I’m proud to join Rep. Sykes on this resolution and will continue to fight to protect reproductive freedom for all, in Idaho and nationwide.”
“Donald Trump and Republicans in Congress believe that access to freedom should be a privilege for a few, not a right for all. They are the reason that millions of women in America are being denied basic, lifesaving health care. And the reason Idaho sued to overturn the federal right to emergency abortion care,” said Democratic Whip Katherine Clark (MA-5). “For House Democrats, this resolution is common sense: we believe in the freedom to control your own body and get the care you need to stay alive. We believe in keeping the courtroom out of the emergency room.”
“Abortion care is essential healthcare and a human right. Doctors should be empowered to provide stabilizing care and not waste precious time during a medical emergency because of politicians’ interference,” said U.S. Representative Ayana Pressley (MA-07). “It is unconscionable to deny patients care that is essential to their health and survival. Damaging patient protections established by EMTALA will cost pregnant people their lives. These cruel abortion care bans are making pregnancy in America more dangerous by the day. I’m grateful to Rep Sykes and Rep Sherrill for their leadership and partnership. My colleagues and I will continue to do everything we can to fight to protect and restore access to care.”
Since the overturning of Roe v. Wade nearly three years ago, 19 U.S. states have banned or limited access to abortion. These strict laws have created confusion around the treatment doctors can provide even when a pregnant patient’s life is in danger, as physicians fear that they may lose their medical license, be sued, or even charged with a felony if they perform emergency care. Despite EMTALA requiring emergency rooms to treat and stabilize pregnant patients, reports of pregnant patients being turned away from emergency rooms have increased since 2022.
Last year, in the case titled Moyle v. United States, the U.S. Supreme Court had the opportunity to reaffirm that federal law requires pregnant patients to have access to life-saving emergency care in every state, but instead, the Court inexplicably demurred, and sent the case back down to the lower courts.
Earlier this month, the Trump administration dropped the lawsuit that was filed by the Department of Justice during the Biden administration, signaling their intent to stop enforcing existing federal protections.
Fortunately, the St. Luke’s Health System in Idaho filed a separate case earlier this year challenging the state’s abortion ban for conflicting with EMTALA. In Idaho, and in several other states, state law banning abortion does not include an exception for the health of a pregnant person, only if it is necessary to prevent their death. However, EMTALA, which has been federal law since 1986, requires that hospitals receiving Medicare funding stabilize pregnant patients to protect their health. This conflict presents a serious threat to the providers caring for patients that could face criminal penalties for providing care if it is unclear whether or not the patient will die, and to the patients who may face permanent damage and even death without this care.
To ensure that access to emergency abortion care is not interrupted, St. Luke’s filed for a preliminary injunction. Last week, the United States District Court of Idaho released their decision on this injunction, which prevents Idaho from enforcing the abortion ban against St. Luke’s and its providers to the extent that the ban conflicts with EMTALA. However, this ruling does not apply to all providers in the state, only those affiliated with St. Luke’s.
As litigation surrounding access to emergency healthcare protected by EMTALA continues, the health and lives of pregnant people across the country remain at risk as chaos and uncertainty around emergency abortion care remains the norm.
This resolution will help alleviate this uncertainty by clearly and strongly reaffirming that EMTALA guarantees access to all forms of emergency medical care, including abortion care.
The resolution has 88 co-sponsors.
American Civil Liberties Union (ACLU), National Women’s Law Center (NWLC), Planned Parenthood Foundation of America, All* Above All, National Council of Jewish Women, In Our Own Voice: National Black Women’s Reproductive Justice Agenda, Guttmacher Institute, National Network of Abortion Funds, Catholics for Choice, National Partnership for Women & Families, National Latina Institute for Reproductive Justice, National Abortion Federation, Power to Decide, Center for Reproductive Rights, American College of Obstetricians and Gynecologists, and the Democratic Women’s Caucus have all endorsed this resolution.
“The ACLU is proud to support this resolution to affirm the right of pregnant people to emergency abortion care. When a patient needs health- or lifesaving care, they should be able to access it without delay,” said Jessica Arons, Director of the Liberty Division for Policy & Government Affairs at the American Civil Liberties Union, “This is what the law demands and what the vast majority of people in the U.S. support. Yet state abortion bans continue to deny patients this critical care, with devastating and deadly consequences. As the Trump administration signals that it will not defend access to emergency abortion care, we must do everything we can to protect pregnant people and prevent politicians from endangering their lives.”
“Every person who needs emergency medical care, including abortion, has a right to receive it under federal law,” said Katie O’Connor, senior director of federal abortion policy at the National Women’s Law Center. “But with the return of the Trump administration and growing attacks on abortion, state politicians and conservative judges are working harder than ever to take that right away. This resolution sends a clear message: denying care puts lives at risk. We applaud Representatives Sykes and Sherrill for their leadership and stand with them in the fight to protect access to abortion for everyone who needs it.”
“During a time when access to lifesaving emergency care is under attack, In Our Own Voice is proud to support this resolution to reaffirm the Emergency Medical Treatment and Labor Act,” said Dr. Regina Davis Moss, President and CEO of In Our Own Voice: National Black Women’s Reproductive Justice Agenda. “The overturning of Roe v. Wade coupled with states enacting strict abortion bans has led to chaos and confusion for both patients and doctors, forcing pregnant people fear for their health, fertility, and lives. Being pregnant and Black is already life threatening when Black maternal mortality and morbidity rates are the highest in the country. We thank Representatives Emilia Sykes and Mikie Sherrill for their leadership on this resolution, as they continue fighting to ensure everyone has autonomy over their health, bodies, and futures.”
“At no point in pregnancy is a politician more qualified to make personal medical decisions than a patient and their doctor – including in life-threatening situations,” said Alexis McGill Johnson, president and CEO, Planned Parenthood Action Fund. “Federal law protects emergency care, including abortion, nationwide. But the U.S. Supreme Court unleashed a national reproductive health crisis when it overturned Roe v. Wade, and abortion bans across the country are threatening pregnant peoples’ access to critical emergency abortion care. We applaud Reps. Sykes and Sherrill for standing up for the health and well-being of pregnant people and their families across the country by reaffirming their right to this care.”
View the resolution text HERE.
Representative Sherrill continues to lead in the fight for women’s health in Congress. She stood up for servicewomen and military families against Senator Tommy Tuberville’s efforts to overturn the Department of Defense’s abortion travel policy. Additionally, she successfully secured an amendment to the Fiscal Year 2025 NDAA to codify access to year-long supplies of contraceptives to service members. Sherrill has introduced legislation to promote education about women’s heart health, and has co-led a bill to ensure women can access a full year’s supply of contraceptives, rather than just three months at a time. Finally, she is leading efforts to end “judge shopping,” a tactic used by anti-abortion advocates to gain favorable outcomes.
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