Supreme Court Dismisses EMTALA Case, Fails to Provide Clear Protections for Emergency Abortion Care
Media Contact:
Eleanor Grano, Communications Manager, Chicago Abortion Fund
Email: eleanor@chicagoabortionfund.org (cc: info@chicagoabortionfund.org)
Phone: 312-219-1611
CHICAGO, IL – June 27, 2024 — This morning, the U.S. Supreme Court dismissed an appeal regarding the Emergency Medical Treatment and Labor Act (EMTALA) for emergency abortion care, labeling it as "improvidently granted."
While this might temporarily protect emergency abortion access in Idaho, the case continues at lower court levels and importantly, leaves a harmful Fifth Circuit decision in Texas intact, which holds that EMTALA does not preempt state abortion bans. A petition challenging the Fifth Circuit’s version of this case is currently pending at the Supreme Court. Challenges to EMTALA’s protections for pregnant people needing emergency healthcare continue to endanger the lives and health of millions who rely on emergency medical care across the nation.
Megan Jeyifo, Executive Director of the Chicago Abortion Fund (CAF), issued the following statement:
"This isn’t a win for healthcare equity or abortion justice. The Supreme Court dodging a clear ruling on EMTALA is a direct attack on the basic promise that anyone in a medical emergency can access the care they need without delay. It is a cruel and outrageous move that will have devastating consequences for people who need emergency abortion care.”
Since the Dobbs decision overturning Roe v. Wade, the Chicago Abortion Fund has cared for a dramatic increase in people who need access to complex, hospital-based abortion care. This is while access to emergency abortion care under EMTALA has remained in place. CAF’s CARLA program, in collaboration with four major Chicago hospitals, has been crucial in providing the support necessary to access and pay for this care. If a future ruling leads to more restrictive state laws, the demand for our services will only grow, further straining our resources and the healthcare system.
Megan Jeyifo added:
"Since the Dobbs decision, CAF has fielded over 20,000 calls and distributed over $7 million in direct assistance for appointments and associated wrap-around support such as travel, lodging, childcare, meals, and medications. We have supported 673 people who needed hospital-based abortion care since June 2022. The average cost for these callers to access care in a hospital setting is between $5,000 and $12,000 and this program’s direct service dollars account for 1% of our call volume but 25% of our Helpline budget. While we remain committed to supporting every person who seeks our help, we cannot ignore the profound harm these legal battles are causing."
For more details on the impact of this case on abortion funds, you can read our amicus brief that includes statements from sibling abortion funds at Frontera Fund, Fund Texas Choice, Nebraska Abortion Resources, Northwest Abortion Access Fund, and Texas Equal Access Fund. Read our op-ed in Prism Reports on the EMTALA case.
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The Chicago Abortion Fund (CAF) isn't just an organization; we're a movement. For 38 years, we've been tearing down barriers to abortion care in Chicago, the Midwest, and beyond. We're not just providing funding; we're supporting our callers in accessing freedom, dignity, and autonomy.
CAF offers support for clients seeking abortions including, procedure funding, travel and related needs like childcare, emotional support and logistical expertise.The organization has relationships with 75+ abortion clinics across 12 states, and supports people nationwide. Since the Dobbs decision, CAF has fielded 20,000 support requests and distributed close to $7 million in direct assistance.