These issues—and the proper interpretation of EMTALA generally—are of enormous importance to amicus curiae Charlotte Lozier Institute (CLI), a nonprofit research and education organization committed to bringing modern science to bear in life-related policy and legal decision-making.
CLI believes that laws governing abortion should be informed by the most current medical and scientific knowledge on Case: 23-35440, 09/20/2024, ID: 12907846, DktEntry: 164, Page 11 of 37 human development and not by attempts to promote a political or ideological agenda.
Specifically, the U.S. Department of Health and Human Services (HHS) said that if physicians “believe that abortion is the stabilizing treatment necessary to resolve a pregnant woman’s emergency medical condition, they must provide that treatment.” Moyle v. United States, 144 S. Ct. 2015, 2019 (2024) (Barrett, J., concurring)
She checked into [a] [h]ospital to receive a dilation-and-curettage ... Case: 23-35440, 09/20/2024, ID: 12907846, DktEntry: 164, Page 23 of 37 Likewise, for women presenting with preterm premature rupture of membranes (PPROM), which occurs in 2–3% of pregnancies in the United States, abortion is far from the only option.
Moreover, there is evidence that performing a surgical abortion for this condition may cause more harm to the uterus and higher risk of PPROM in the future.13 Additionally, if the physician and patient desire intervention at the time of diagnosis, ACOG recommends—and all state laws allow— immediate delivery by induced labor or cesarean section.