Brief for Amici Curiae Legal Scholars, Moyle v. U.S./Idaho v. U.S.

Nicole Huberfeld (Boston University), Brief for Amici Curiae Legal Scholars, Moyle v. U.S./Idaho v. U.S. (B.U. Sch. of L. Rsch. Paper) (forthcoming):

This is an amicus brief that several scholars filed in Moyle v. U.S. The brief argues Idaho fundamentally misunderstands the Emergency Medical Treatment and Labor Act (EMTALA), the law of which did not change after Dobbs overturned Roe v. Wade and Planned Parenthood v. Casey. At the urging of physicians, and in the face of substantial evidence that hospitals were dumping vulnerable patients, Congress chose in 1986 to define stabilizing treatment for medical emergencies by incorporating clinical guidelines. This included action not only to save a patient’s life, but also to prevent risks to their health, which was understood to include abortion where necessary to address a medical emergency.