Knotty Preemption Inquiry Awaits High Court in Abortion Case

Healthcare attorney Susan Banks was quoted in a Law360 article discussing the upcoming U.S. Supreme Court case that could have major implications for providing emergency care to pregnant women. The article covers the scope of federal preemption and the extent to which Emergency Medical Treatment and Active Labor Act (EMTALA) protections interact with state law, specifically in relation to Idaho's post-Dobbs abortion ban. It also goes over the potential arguments for and against EMTALA's applications and provides background into what led to this case reaching the high court. Ms. Banks commented on the debate on whether Idaho's law could be interpreted to require a particular response.

"EMTALA doesn't speak in terms of particular medical interventions and speaks in terms of stabilizing treatments," she said.

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