U.S. Senator Tina Smith Joins Colleagues to Introduce Resolution to Make Sure Every Woman Can Access Emergency Health Care

Washington, D.C. – U.S. Senator Tina Smith (D-MN) joined her colleagues to introduce a resolution to ensure that every patient has the basic right to emergency health care, including abortion care, regardless of where they live. The introduction comes as new reporting from ProPublica states that Republican abortion bans are preventing women from receiving lifesaving emergency health care and resulting in preventable deaths.

Since the overturning of Roe v. Wade over two years ago, nearly two dozen US states led by Republicans have banned or severely restricted access to abortion. These strict laws have created confusion around the treatment doctors can provide even when a pregnant patient’s life is in danger, as physicians fear that they may lose their medical license, be sued, or even charged with a felony if they perform life-saving emergency care. Despite the federal Emergency Medical Treatment and Labor Act’s (EMTALA) requirements that Medicare-participating hospitals treat and stabilize pregnant patients in need of emergency medical care, women are being turned away from emergency rooms. 

“Patients will suffer while lawsuits and litigation move forward. There should be no legal question when medicine is clear: Abortion is health care,”  said Senator Tina Smith. “Pregnant women deserve access to emergency medical care. Doctors should be free to provide that care without interference from right-wing, anti-choice politicians.”

In Moyle v. United States, the U.S. Supreme Court had the opportunity to reaffirm that federal law requires pregnant patients to have access to life-saving emergency care in every state, but instead, the Court dismissed the case and sent it back to the lower courts. While the litigation continues in the Ninth Circuit Court of Appeals, the health and lives of women remain at risk as uncertainty around emergency abortion care persists. 

The resolution was led by Senators Patty Murray (D-WA), Jacky Rosen (D-NV), Tammy Baldwin (D-WI), and Ron Wyden (D-OR) and cosponsored by Senators Amy Klobuchar (D-MN), Chuck Schumer (D-NY), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Laphonza Butler (D-CA), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), George Helmy (D-NJ), Mazie Hirono (D-HI), Tim Kaine (D-VA), Angus King (I-ME), Jeff Merkley (D-OR), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Jeanne Shaheen (D-NH), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).

The full text of the resolution can be read HERE.

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