Still, the Court’s decision to also suspend a lower court’s order holding that EMTALA does mean what it says and that it preempts an Idaho law that prohibits all abortions except when “necessary to prevent the death of the pregnant woman” is quite unexpected. The Court sat on these two cases for more than a month before blocking the lower court’s decision. And, again, the EMTALA statute is crystal clear that patients experiencing a medical emergency must receive “such treatment as may be required to stabilize the medical condition” — nothing in EMTALA suggests that this rule does not apply if the appropriate treatment is an abortion.
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