North Carolina Attorney General Josh Stein is advocating for the support of emergency situations where medical professionals recommend abortion as the best course of action, regardless of the state’s laws.
The U.S. Supreme Court is set to hear arguments in two consolidated cases concerning Idaho hospitals and the provision of emergency abortion care under the federal Emergency Medical Treatment and Labor Act. A ruling on this matter is anticipated to be delivered during the summer.
The Biden administration has taken legal action against Idaho, a state that criminalizes abortion with a potential prison sentence of up to five years for those who aid or carry out the procedure. Although the federal act, known as EMTALA, does not specifically address abortion, Idaho’s Attorney General Raul Labrador has clarified this to the Supreme Court.
The Idaho hospitals are mandated by a preliminary injunction to offer abortion care under the Emergency Medical Treatment and Active Labor Act (EMTALA).
In a statement, Stein emphasized the importance of ensuring that women receive necessary emergency medical care, particularly when their lives or health are in jeopardy. She asserted that abortion care is an essential component of medical care and emphasized the continued responsibility of hospitals to provide such services.
Stein, a contender for the governorship in North Carolina, emerged victorious in the Democratic primary last month. In the Republican primary, Lt. Gov. Mark Robinson secured the nomination, while Mike Ross clinched the Libertarian primary. Wayne Turner from the Green Party completes the lineup as the fourth candidate on the ballot.
Attorneys general from 22 additional states, along with the lead prosecutor of the District of Columbia, joined Stein in filing the amicus brief.
In June 2022, the Supreme Court overturned Roe v. Wade, returning the authority to regulate abortion to the states.
