WASHINGTON, D.C. — Doctors for America, represented by Democracy Forward, the American Civil Liberties Union (ACLU), the ACLU of Tennessee, and the National Women’s Law Center, filed a motion today to intervene in a federal lawsuit with the goal of defending the right of pregnant patients to access emergency abortion care under the Emergency Medical Treatment and Labor Act (EMTALA).

The motion to intervene was submitted in Catholic Medical Association v. U.S. Department of Health and Human Services et al., a case challenging 2022 federal guidance that reaffirmed EMTALA’s application to pregnant patients facing medical emergencies. The case is currently being heard in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

EMTALA, a federal law enacted in 1986, requires hospitals with emergency departments to provide stabilizing treatment to patients experiencing medical emergencies—regardless of their ability to pay. The law has long been interpreted by both Republican and Democratic administrations to include abortion care when it is medically necessary to stabilize a pregnant patient.

Doctors for America’s intervention aims to ensure that this interpretation of EMTALA continues to protect physicians who provide necessary emergency care, including abortions, and to safeguard patient access to such treatments in crisis situations.

“Doctors should not be forced to choose between following the law and saving a patient’s life,” said Dr. Christine Petrin, president of Doctors for America. The organization emphasized that rolling back EMTALA protections could create legal uncertainty for physicians and potentially endanger patient outcomes.

Legal representatives and partner organizations also expressed concern that challenges to EMTALA guidance could further complicate medical decision-making in emergency situations and place pregnant patients at risk.

Supporters of the motion argue that abortion bans in some states have led to confusion over when emergency abortion care is legally permitted, which may deter hospitals from providing timely treatment.

More information about the case and the filed motion can be found at the ACLU of Tennessee’s website:
https://live-aclu-tennessee.pantheonsite.io/en/press-releases/coalition-acts-protect-pregnant-patients-federal-right-emergency-care-including

About the Organizations Involved:

• Doctors for America is a national network of physicians and medical students advocating for policies that improve health care access and quality.
• Democracy Forward is a legal organization that uses litigation and policy engagement to promote democratic governance.
• The ACLU works to defend individual rights and liberties guaranteed by the Constitution.
• The National Women’s Law Center advocates for gender justice and has been active in legal and policy efforts for over 50 years.

The case is expected to play a significant role in ongoing national discussions about access to abortion care and federal protections for emergency medical treatment.