Great Lakes Wire

Michigan Attorney General Dana Nessel has aligned with 23 other attorneys general in submitting an amicus brief to the United States Court of Appeals for the Ninth Circuit. The coalition seeks to uphold a district court's preliminary injunction against Idaho's abortion ban, which lacks provisions for emergency abortion care. The group argues that denying such care violates federal law and poses significant health risks to patients while potentially burdening healthcare systems in Idaho and nearby states.

"When the Supreme Court proudly eviscerated the long-standing standard and precedent in Roe v. Wade, it opened the door nationally to horrific and extreme abortion bans such as the one Idaho has put in place," stated Nessel. She further emphasized that these laws could create dangerous precedents affecting healthcare systems across state lines.

The coalition references the Emergency Medical Treatment and Labor Act (EMTALA), which mandates hospitals with emergency departments participating in Medicare to treat all patients with emergency medical conditions before any discharge or transfer. They argue that Idaho’s law conflicts with EMTALA, which covers emergencies related to pregnancy, including abortion care.

The brief warns that allowing Idaho’s law to bypass EMTALA could result in severe patient outcomes, including death or irreversible harm. It also highlights potential adverse effects on healthcare provider availability within Idaho and increased pressure on neighboring states' healthcare services. Since the implementation of Idaho's ban, nearly a quarter of obstetricians have reportedly left or retired from practice within the state.

Joining Michigan in this legal action are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.