Statute
EMTALA
49 published works
Rivkin Rounds
CMS Rescinds EMTALA Abortion Guidance Amid Ongoing Legal Conflicts
The Centers for Medicare & Medicaid Services (CMS) recently published a press release rescinding its June 2022 guidance concerning hospitals’ obligations to pregnant women under the Emergency Medical Treatment &…
Religion Clause
HHS Rescinds Prior Administration’s Interpretation of Emergency Room Abortion Practices Under EMTALA
In January 2025, the U.S. 5th Circuit Court of Appeals upheld an injunction issued by a Texas federal district court barring enforcement of a 2022 Guidance Document and related Letter on…
Religion Clause
DOJ Dismisses Suit Claiming Idaho’s Abortion Restrictions Conflict With EMTALA
On Wednesday, both parties filed a Stipulation of Dismissal (full text) in United States v. State of Idaho, (D ID, filed 3/5/2025). According to the Stipulation, filing of this with the…
Gender and the Law Prof Blog
Brittany Watts Sues Hospital and Law Enforcement
By Jamie Abrams
Brittany Watts is suing the hospital, medical providers, and police officers for injuries arising from her arrest after her 2023 miscarriage. The Complaint previews the claim: Plaintiff Brittany Watts experienced an…
Religion Clause
Catholic Doctors Sue HHS Over Interpretation of EMTALA’s Impact on State Abortion Bans
Suit was filed last week in a Tennessee federal district court by an organization of Catholic physicians challenging a July 2022 Memorandum and accompanying Letter from the Department of Health and…
Religion Clause
9th Circuit Hears Oral Arguments on Whether EMTALA Pre-empts State Abortion Ban
Yesterday, the U.S. 9th Circuit Court of Appeals, sitting en banc, heard oral arguments (video of full oral arguments) in United States v. State of Idaho, (9th Cir., 12/10/2024). The…
Last Month at the Supreme Court
Decision Alert: Supreme Court Does Not Resolve Whether Federal Law Preempts Certain State Abortion Restrictions, Remands for Further Consideration
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema
The Supreme Court dismissed the consolidated cases Moyle v. United States and Idaho v. United States without reaching the merits of whether the federal Emergency Medical Treatment and Labor Act…
Healthcare Law Blog
SCOTUS Punts on EMTALA Preemption Question
By Arushi Pandya, Megan Miller, Amy Dilcher
On June 27, 2024, the U.S. Supreme Court dismissed Idaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme…
Take Stock: Federal Policy Watch
Washington Healthcare Update | July 1, 2024
By Stephanie A. Kennan, Gina Sherick, Gabriel Wiedenhoever
This Week in Washington: House Ways and Means Committee marks up healthcare bills related to new technologies and coverage for weight loss drugs; CMS releases CY2025 Home Health and End-Stage Renal…
PrawfsBlawg
Oops (Updated and Moved to Top)
Main Thursday, June 27, 2024Oops (Updated and Moved to Top)Final Update: The Court released the opinion Thursday.SCOTUS [on Wednesday] inadvertently posted the opinion in the EMTALA case, dismissing the writ…