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The brief for Moyle v. United States was filed on behalf of 121 members of Congress.

Americans United for Life (AUL) filed an amicus curiae brief in the United States Supreme Court Tuesday on behalf of 121 members of Congress in support of Idaho’s pro-life law.

In August 2022, the Biden administration challenged Idaho’s Defense of Life Act, which prohibits elective induced abortions, except in cases of rape or incest. The district court ruled in favor of the Biden administration and the U.S. Court of Appeals for the 9th Circuit declined to stay the district court’s ruling while Idaho’s appeal proceeded.

The brief explains that the Department of Justice is attempting to rewrite the Emergency Medical Treatment and Active Labor Act (EMTALA) to devise federal abortion protections. The text in EMTALA, a 1986 federal law designed to prevent patient-dumping, says nothing about abortion.

Chief Legal Officer & General Counsel Steven H. Aden said, “Americans United for Life is proud to stand with pro-life members of Congress who won’t quietly acquiesce while the Biden administration attempts to reconstruct the “right” to abortion the Supreme Court wisely set aside in Dobbs. We’re hopeful that the Court’s ruling this summer will restore Idaho’s pro-life laws without interference from unlawful federal abortion mandates.”

Litigation Counsel Carolyn McDonnell said, “EMTALA explicitly protects women in active labor as well as unborn children. It says nothing about abortion. Contrary to the text of the statute, the federal government is trying to devise a “health exception” for emergency rooms to perform abortions.”

Read the full brief here.

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