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Biden absolutely should be fighting this battle. I won't hold my breath as i assume the Supreme Court will butt in but he should at least be trying. I don't see why he wouldn't given that it would be politically beneficial.... then again ive seen him get more raked over the coals for trying on other issues (like student loans) when others who do less dont get near the scrutiny so politically it might not be all that helpful. Its still the right thing to do though. People are dying and red states have decided they have no obligation to follow EMTALA.
Things can be emergencies before people are actually in the process of dying. They consider labor an emergency medical condition under EMTALA and the vast majority of the time people dont die from it. Many could even get by with no medical care at all (not that we should do that). If labor fucking counts so should dying a little more slowly than active dying.
Transferring patients out of the ER does not absolve them. Its disappointing and fucked that this is being allowed to happen.