this post was submitted on 22 Jan 2024
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The U.S. Department of Health and Human Services says an Oklahoma hospital did not violate federal law when doctors told a woman with a nonviable pregnancy to wait in the parking lot until her condition worsened enough to qualify for an abortion under the state’s strict ban.

Jaci Statton, 26, was among several women last year who challenged abortion restrictions that went into effect in Republican-led states after the Supreme Court revoked the nationwide right to abortion in 2022.

Rather than join a lawsuit, Statton filed a complaint with the Department of Health and Human Services under the Emergency Medical Treatment and Labor Act, or EMTALA. The complaint came a little more than a year after Biden’s administration informed hospitals that they must provide abortion services if the mother’s life is at risk. At the time, President Joe Biden’s administration said EMTALA supersedes state abortion bans that don’t have adequate exceptions for medical emergencies.

The Biden administration’s denial of Statton’s claim is the latest development in the ongoing scrutiny over how to apply EMTALA in the wake of the Supreme Court ruling that overturned Roe v. Wade. It also underscores the uphill legal battle reproductive rights advocates when pushing back against state abortion bans.

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[–] AA5B 6 points 9 months ago

Am I the only one who thinks this is the right thing to do (sort of)? A federal agency trying to apply a law has to follow the law as passed by Congress and as judged by the Court, regardless of whether they agree with it. Those of us who fear someone batshit insane coming would do well to remember that checks and balances work in many directions and the wheels of government grind slowly.

Someone else posted links to administration lawsuits challenging those laws or the court’s interpretation. THATS THE PROCESS, whether you’re a law abiding executive or a batshit insane dictator wannabe. It may be slow, painful, frustrating, and most unfortunate for the victim, but that’s the right way to handle it