One of the only things you can truly count on in the Trump administration is that they’ll never stop finding ways to endanger the lives of pregnant people.
Shortly after the guidance was issued, the Biden administration sued Idaho, stating that its “near-absolute” abortion ban violated EMTALA and reiterating that the 1986 law supersedes a state-level ban; Idaho argued that the administration misinterpreted EMTALA. The case eventually made its way to the Supreme Court in 2024 before the justices essentially “punted” it back to a lower court. Justice Ketanji Brown Jackson, in her concurrence, stated, “Today’s decision is not a victory for pregnant patients in Idaho. It is delay.” In March, the Trump administration officially dismissed the lawsuit, making it clear that they don’t care if pregnant people die.
The Department of Health and Human Services and Centers for Medicare & Medicaid Services (“CMS”), which issued Tuesday’s letter, said they’ll continue to enforce EMTALA, “including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy.” But doctors in states with abortion bans say the laws are confusing—and because many carry the threat of jail time, fines, or license revocation, the result is often that the pregnant patient’s life is put in jeopardy. In 2024, at least five women in Georgia and Texas died after delays in receiving life-saving care caused by their states’ bans. Biden’s guidance was, in part, meant to assure doctors and healthcare workers that they’d be protected, regardless of their state’s anti-abortion laws.
“This action sends a clear message: the lives and health of pregnant people are not worth protecting,” Dr. Jamila Perritt, an OB-GYN and the president of Physicians for Reproductive Health, said in a statement. “Complying with this law can mean the difference between life and death for pregnant people, forcing providers like me to choose between caring for someone in their time of need and turning my back on them to comply with cruel and dangerous laws.”
The move to undermine EMTALA for pregnant patients was also plainly spelled out in Project 2025— that far-right, 900-page book of terrifying policy proposals for a second Trump term that Trump insisted he didn’t know anything about and half the country shrugged, “OK!” Also, during his confirmation hearing for Health Secretary, Robert F. Kennedy Jr.—who’s now head of the department that investigates EMTALA violations—basically admitted he didn’t know how EMTALA works.
So while Tuesday’s move wasn’t exactly a surprise, that doesn’t make it any less maddening or infuriating. Can’t wait (derogatory) to see what the Trump administration cooks up next.
