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The Trump administration rolled back a controversial Biden-era policy Tuesday that aimed to force emergency room doctors to perform abortions under the Emergency Medical Treatment and Labor Act (EMTALA), drawing praise from pro-life leaders and religious liberty advocates.
The Department of Health and Human Services (HHS) and Center for Medicare and Medicaid Services (CMS) announced the reversal in a press release, framing it as a move to protect both pregnant women and their unborn children.
“CMS will continue to enforce EMTALA, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy,” the agency stated. “CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”
The previous Biden-era policy, issued in July 2022 by then-HHS Secretary Xavier Becerra, required doctors to perform abortions if they deemed the procedure necessary to stabilize a patient — even if it violated state pro-life laws or the doctor’s convictions.
In response, the Alliance Defending Freedom (ADF) filed a lawsuit earlier this year on behalf of the Catholic Medical Association, which argued that the mandate was a violation of conscience rights.
Following Tuesday’s announcement, ADF announced it was dropping the case, while praising the move as a win for doctors.
“Doctors—especially in emergency rooms—are tasked with preserving life,” said ADF Senior Counsel Matt Bowman. “The Trump administration has rolled back a harmful Biden-era mandate that compelled doctors to end unborn lives, in violation of their deeply held beliefs.”
Bowman emphasized that all 50 states already permit doctors to treat life-threatening conditions like ectopic pregnancies.
“Emergency room physicians can and do treat life-threatening conditions such as ectopic pregnancies, and every state allows doctors to do whatever is necessary to preserve the life of a mother,” he said. “Now, doctors will be able to perform their life-giving duties without fear of government officials forcing them to end life and violate their beliefs.”
Susan B. Anthony (SBA) Pro-Life America also celebrated the move.
“Led by Dr. Oz, the Trump administration has delivered another win for life and truth – stopping Biden’s attack on emergency care for both pregnant moms and their unborn children,” said SBA Pro-Life President Marjorie Dannenfelser.
Dannenfelser criticized former President Joe Biden’s policy for creating dangerous confusion, falsely suggesting that women in pro-life states could not receive critical emergency care.
“Democrats have created confusion on this fact to justify their extremely unpopular agenda for all-trimester abortion,” she said. “In situations where every minute counts, their lies lead to delayed care and put women in needless, unacceptable danger.”
