News & Analysis as of

EMTALA Department of Justice (DOJ) Reproductive Healthcare Issues

Davis Wright Tremaine LLP

New Administration Outlook: Trump Orders and the Impact on Reproductive Healthcare

On January 24, 2025, President Trump issued an Executive Order, titled "Enforcing the Hyde Amendment," revoking President Biden's two Executive Orders 14076 (July 8, 2022) and 14079 (August 3, 2022) that federally protected...more

Holland & Hart LLP

Supreme Court Restores the EMTALA Exception to Idaho's Abortion Ban for Now

Holland & Hart LLP on

On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

K&L Gates LLP

The U.S. Fifth Circuit Court of Appeals Is Poised to Address Emergency Abortions and the Scope of EMTALA's Preemption of State...

K&L Gates LLP on

On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 3

Morgan Lewis on

This past week witnessed the first referendum on abortion rights since the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health, along with legislative developments in several states concerning access to abortion....more

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