How close to death does a person have to be, in order to qualify for an abortion ban exemption? It’s the next legal fight brewing between states and the feds. MsReads via MotherJones
Sam Edwards/Getty Facts matter: Sign up for the free Mother Jones Daily newsletter. Support our nonprofit reporting. Subscribe to our print magazine.It’s a foregone conclusion that the Democrats’ bill to restore abortion rights will fail in the Senate in the coming days, just as it failed in May and in February before that.
That move was in response to states enacting criminal abortion bans that allow exceptions to save a pregnant person’s life—but fail to clarify just how close to death a pregnant patient must be before a doctor is allowed to give them a medically necessary abortion. The ambiguity in Wisconsin’s state abortion ban, for instance, has left doctors like Abigail Cutler, an OBGYN in Wisconsin, in an impossible bind. Wisconsin’s law, written in 1849, allows abortions to “save the life of the mother.
Monday’s HHS guidance is a reminder to hospitals that EMTALA preempts state law. “If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the federal guidance stated.
Chernoby has seen her share of patients with complications like these. As many as 26 percent of all pregnancies end in miscarriage . Between 1 and 2 percent of pregnancies are ectopic. In those cases, “with the restrictive state laws, some physicians wouldn’t be able to intervene until either the cardiac activity had ceased or until the pregnancy had ruptured and the pregnant person was hemorrhaging,” Chernoby says.
Currently, Texas’ abortion ban—passed in 1925—allows abortions if they are performed under “medical advice for the purpose of saving the life of the mother.
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