Cohen predicted that if Trump wins in November, his Department of Health and Human Services would “immediately” rescind the Biden administration’s interpretation of EMTALA as it relates to abortion bans. That, in turn, would make the Idaho case “disappear” and the Texas case would be dismissed, he said. The practical impact would be that EMTALA would not protect access to emergency abortions in states with bans unless private parties brought different lawsuits — an unpredictable process that could take years.
“This is just another aspect in which the two administrations would vary drastically,” he added.
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