Statement on Moyle v. United States

We are relieved that the Supreme Court has decided not to overturn the Emergency Medical Treatment and Active Labor Act (EMTALA) for the time being. This means that, for now, hospitals in banned states will still be required to provide emergency abortion care when necessary to save a pregnant person’s life.

Yet we also know that this ruling isn’t really a ‘win,’ but keeps the door open for the Court to overturn EMTALA later. Supreme Court Justice Kentanji Brown Jackson, said it best in her partial dissent: ‘Will the Court just have a do-over, rehearing and rehashing the same arguments we are considering now, just at a comparatively more convenient point in time?’ Her warning is a clarion call—EMTALA may be safe for now, but its days are likely numbered. 

But even if EMTALA somehow manages to remain in effect long-term, it will do nothing to abate the already dire abortion access crisis in this country. Sixteen states have total or near-total abortion bans in effect. Last year alone, more than 171,000 people were forced to travel for abortion care. Practical support organizations (PSOs) have been at the frontlines of this crisis for years, providing logistical assistance like transportation, lodging, childcare, and more to abortion seekers. They are the victory we celebrate—not a watered-down delay tactic from the Supreme Court.

The Supreme Court cannot and will not keep us safe. Apiary stands with those who will.