Central ND News

WASHINGTON – The Supreme Court of the United States is set to weigh in on Moyle v. United States of America and Idaho v. United States of America, a case questioning whether the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s Defense of Life Act, which prohibits most abortions in the state. The Supreme Court is expected to hear arguments in late April, with a decision to follow by early July.

U.S. Senator Kevin Cramer (R-ND) joined U.S. Senator James Risch (R-ID) and a bicameral group of their colleagues in signing an amicus brief in Moyle v. United States of America and Idaho v. United States of America. The lawmakers state, as pro-life elected representatives, they are committed to protecting women, unborn children, and families from the harm of abortion. They argue the EMTALA safeguards women and unborn children, and does not authorize elective induced abortions. Additionally, the bicameral group of policymakers state the abortion mandate not only subverts Congress’ pro-life policy stance, but violates the major questions doctrine, and is part of a “string of lawless federal administrative actions devising abortion protections.”

“Amici write to highlight how (I) EMTALA’s text and legislative history is pro-women and pro-unborn children,” the brief stated. “The DOJ is attempting to devise a health exception to permit elective induced abortions, but a proper reading of the statute does not authorize abortion violence; (II) federal policy is pro-life and has limited the harms of elective induced abortion through funding restrictions, conscience protections, and other pro-life safeguards; and (III) the U.S. Department of Health and Human Services (“HHS”) formulated the EMTALA abortion mandate, which violates the major questions doctrine, and is part of a disquieting string of federal administrative actions that have sought to contrive federal abortion protections, especially following this Court’s decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022).”

“EMTALA does not mandate elective induced abortions in America’s emergency rooms. For the reasons set forth above, Amici urge the Court to reverse,” the brief concluded.

Additional cosigners include U.S. Senators Mike Crapo (R-ID), Cindy Hyde-Smith (R-MS), Roger Wicker (R-MS), Marco Rubio (R-FL), John Kennedy (R-LA), Mike Braun (R-IN), John Thune (R-SD), Mike Lee (R-UT), James Lankford (R-OK), Ted Budd (R-NC), Steve Daines (R-MT), Joni Ernst (R-IA), John Hoeven (R-ND), Cynthia Lummis (R-WY), Pete Ricketts (R-NE), Todd Young (R-IN), Bill Cassidy (R-LA), Josh Hawley (R-MO), John Barrasso (R-WY), Ted Cruz (R-TX), Lindsey Graham (R-SC), and Marsha Blackburn (R-TN).

The brief was also signed by more than 90 members of the U.S. House of Representatives.