Trump Administration Attacks Federal Protections for Pregnant People in Emergency Rooms
06.03.25 (PRESS STATEMENT) — Today, the Trump Administration announced that the Department of Health and Human Services (HHS) is rescinding guidance meant to protect pregnant people in emergency rooms who need urgent abortion care, stating that it does “not reflect the policy of this Administration.”
The guidance being removed was issued by the Biden Administration in 2022 after Roe v Wade was overturned to remind hospitals that their obligation under federal law to provide stabilizing medical care to patients in emergency rooms includes abortion care, regardless of whether abortion is banned under state law. The Emergency Medical Treatment & Labor Act (EMTALA) is a longstanding federal law requiring hospitals to provide stabilizing treatment to all patients with emergency medical conditions, including those who need abortions.
While the Trump Administration rescinded this guidance, it does not actually change what EMTALA requires. Health care providers continue to have obligations to provide stabilizing treatment – including abortion care – under EMTALA. Although the new announcement specified that the administration will continue to enforce EMTALA, pulling back this guidance amplifies confusion, especially in states where abortion is banned and doctors may face criminal penalties for providing care.
“The Trump Administration would rather women die in emergency rooms than receive life-saving abortions,” said Nancy Northup, President and CEO at the Center for Reproductive Rights. “In pulling back guidance, this administration is feeding the fear and confusion that already exists at hospitals in every state where abortion is banned. Hospitals need more guidance right now, not less.”
In March 2025, the Trump Administration dropped a case originally brought by the Biden Administration against Idaho’s abortion ban—one of the strictest in the nation—arguing that it conflicted with hospitals’ obligations under EMTALA. The Trump Administration decided to drop the case and stop defending the rights of pregnant Idahoans under EMTALA.
Thirteen states currently have total abortion bans, and many others ban abortion as early as six weeks of pregnancy. While most of those bans have very narrow exceptions for the life of the pregnant patient, the exceptions are not workable in practice. Doctors are unclear who qualifies for the exceptions, and they are terrified to provide any abortions as they could face years in prison for violating the bans. The Center has filed lawsuits in Idaho, Texas, Tennessee, and North Dakota on behalf of physicians and women denied abortions despite severe pregnancy complications.
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