June 6, 2025
Another abortion mandate from the former Biden administration officially kicked the bucket.
At the start of LIFE Month, the Trump administration announced that former President Joe Biden’s version of the Emergency Medical Treatment and Labor Act (EMTALA), which included forcing medical professionals to commit abortions in Emergency Rooms (ERs) and even Catholic hospitals, was no more.
In July 2022, Biden weaponized EMTALA against states with pro-life laws and pro-life medical professionals, even threatening to pull money from Idaho hospitals if they didn’t comply. According to an NIH published report: “The Department of Health and Human Services (HHS) issued guidance to clarify that EMTALA requires abortion…” (emphasis added)
The pro-life state of Idaho wasn’t having it, taking the Biden administration to the U.S. Supreme Court to protect preborn life and pro-life medical professionals. Unfortunately, the Justices threw it back to a liberal lower court in June 2024, much to the dismay of the Pro-Life Generation (PLG).
Now things have changed. The Trump administration’s decision to end Biden’s abortion mandate was immediately scrutinized by the media and prominent abortion zealots, who are claiming that women are now in imminent danger and will no longer be protected in a medical emergency.
In reality, this is what abortion supporters run around screaming anytime something they don’t like happens.
President and CEO of the Center for Reproductive Rights Nancy Northup accused the Trump administration of preferring “women die in emergency rooms than receive life-saving abortions” and that he’s “feeding the fear and confusion that already exists in hospitals.”
Statements like these mislead and confuse Americans about the real implications of Trump’s EMTALA decision. Using Northup’s terminology, the abortion media is using EMTALA to “feed fear and confusion.”
Never fear—Students for Life of America (SFLA) can clarify this misunderstanding. Let’s break it down:
Purpose of EMTALA:
EMTALA never existed to provide “emergency abortions.” It was designed to require hospitals to stabilize all patients in the ER, regardless of a patient’s ability to pay.
In the case of a pregnant mother in a medical emergency, this includes both the mother and the preborn child.
Takeaway: EMTALA exists (1) to help low-income people in a medical emergency and (2) to treat all patients involved, born and preborn.
Biden’s Twist of EMTALA:
Instead, callous abortion zealots in Biden’s White House took advantage of a law protecting poor people to, as SFLA President Kristan Hawkins aptly put, “demand death by intentional abortion.”
Takeaway: This created numerous problems: Biden’s version of EMTALA (1) disregarded state laws for federal mandates, (2) disrespected the conscience rights of pro-life medical professionals, and (3), most importantly, deprioritized emergency care to preborn children in the ER.
Common Arguments Supporting Biden’s EMTALA:
This is where the media smear comes in. Abortion radicals claim, and many misinformed Americans believe, that abortions can be needed to save the life of the mother.
Often, they’re referring to an ectopic pregnancy, in which the preborn baby develops in the fallopian tube (or other improper location) instead of the uterus. Tragically, the preborn child has no chance of surviving, and if the child isn’t removed, the mother could bleed to death.
They also point to miscarriage care as an argument to allow ER abortions. Once again, miscarriage and abortion are not the same. Abortion is an intentional tragedy, while miscarriage is a natural one that 1 in 4 women experience.
READ: This New Year, Look at the Abortion Media’s Biggest 2024 Narratives – And When We Debunked Them
SFLA National Field Director Reagan Barklage knows the pain of miscarriage and anger when the media conflates it with abortion. Barklage explained the difference in a fiery post-election op-ed for The Federalist, writing, about how miscarriage treatment prevents women from “suffering any further complications, such as infection, after their children have already passed.”
Barklage pointed out how some women “don’t always miscarry naturally and may require medical intervention,” and they may use techniques also used in abortion, “whether through a drug called misoprostol or a dilation and curettage (D&C) procedure.”
The Association of American Pro-Life Obstetricians and Gynecologists (AAPLOG) told SFLA the same thing in 2023, writing, “Procedures sometimes used to perform induced abortions, such as a D&C, are procedures commonly performed in the practice of obstetrics for the management of miscarriage.”
Takeaway: EMTALA allows the treatment of ectopic pregnancies and miscarriages. However, Biden’s loose interpretation of EMTALA and medical terms allowed his administration to stuff abortion where it didn’t belong.
“States have every right to treat TWO patients in an emergency room when a pregnant mother comes in for help,” said Hawkins. “But by inserting the issues of ambiguous ‘health’ and infertility possibilities, the law is being stretched in favor of abortion.”
Restoring EMTALA:
There seems to be an unquenchable desire by abortion pundits to purposefully conflate medical terms to point fingers at pro-life laws and “dumb” medical professionals.
First of all, medical professionals are trained to treat miscarriages and ectopic pregnancies.
AAPLOG also told us “All OB/GYN resident physicians, even those who train at hospitals who do not perform abortions or those who choose not to perform abortions, are well-trained in these procedures as part of their management of miscarriage. Miscarriage management is a part of every OB/GYN’s practice, as opposed to abortion, which is not performed by 76-93% of OB’s.” (emphasis added)
However, if there’s confusion, pro-life laws aren’t to blame. Instead, there needs to be clarification of terms in the media to undo the confusion caused by political abortion radicals.
President Donald Trump’s Centers for Medicare & Medicaid Services (CMS) and HHS released a statement regarding their rescission of their July 2022 guidance.
“CMS will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions thatplace the health of a pregnant woman or her unborn child in serious jeopardy,” the statement read. “CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”
While there’s much more to be done in the Trump administration regarding pro-life issues, this EMTALA decision restores balance and hopefully will clear up the confusion left behind by the former administration.
SFLA is more than happy to help, keep spreading the truth, and correct mishaps.
Besides, with all the damage from Biden and abortion-loving politicians, the Trump administration will need all the help they can get.
READ NEXT: What EMTALA Hearing Taught Me About Pro-Abortion Advocates – They Don’t Know What They’re Protesting