In its first legal action to protect abortion access after Roe’s demise, the justice department in August 2022 sued Idaho over its law, claiming that it violated the federal Emergency Medical Treatment and Labor Act, or Emtala. After Roe fell, the Biden administration issued guidance clarifying that Emtala, which requires hospitals that receive federal funding to treat people in medical emergencies, also requires that doctors provide emergency abortions to people who need them.
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