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The Supreme Court heard oral argument in Moyle, Speaker of the Idaho House of Representatives v. United States on April 24, 2024.

The case implicates whether the Emergency Medical Treatment and Active Labor Act (EMTALA) requires emergency room medical personnel to perform “stabilizing” abortions in certain circumstances. Congress passed EMTALA to address patient dumping and protect women in active labor as well as their unborn children. The statute says nothing about abortion.

The Supreme Court likely will issue a decision in the early summer. The Justices first face the procedural question whether the DOJ has a cause of action under the Spending Clause to sue a state over its criminal law for allegedly conflicting with EMTALA.

Read Litigation Counsel Carolyn McDonnell’s comprehensive analysis of the Supreme Court’s oral arguments in Moyle, Speaker of the Idaho House of Representatives v. United States.

Debrief-of-Moyle-Oral-Argument

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