Sykes, Sherrill Lead House Democratic Caucus In Resolution Reaffirming Access To Emergency Abortion Care For All Americans
WASHINGTON, D.C. — Today, U.S. Representatives Emilia Sykes (OH-13) and Mikie Sherrill (NJ-11) introduced a resolution to reaffirm access to emergency abortion care for all Americans. This resolution would reaffirm that the Emergency Medical Treatment and Labor Act (EMTALA) protects access to emergency abortion care in every state, and that all women, no matter where they live, should be able to receive the emergency care they need, including abortion.
“Since the overturn of Roe, we’ve heard too many horror stories of pregnant women being turned away from emergency rooms due to confusing anti-abortion laws. The Supreme Court’s ruling in Moyle v. United States only increased this chaos and uncertainty, leaving more women in danger. This is completely unacceptable,” said Rep. Sykes. “Women should be able to access the reproductive healthcare they need, whenever they need it. I’m proud to co-lead this resolution with Rep. Sherrill to reaffirm that EMTALA guarantees emergency medical care, including abortion, for all Americans, no matter where they live.”
“Women should not need to be on their deathbed to receive an abortion. This June, Donald Trump’s hand-picked Supreme Court again failed to protect women’s healthcare,” said Rep. Sherrill. “Pregnant women across the country are being turned away from emergency rooms and doctors are facing criminal penalties for simply saving a woman’s life. There is an urgent need to protect life-saving abortion care and that’s why I’m proud to lead this crucial effort along with Rep. Sykes. Let’s be clear: Federal law guarantees a woman’s right to emergency care - including abortion – and Democrats will not rest until we fully restore abortion rights for women across the country.”
“I’m grateful to Reps. Sykes and Sherrill for leading this resolution asserting the simple truth that access to emergency medical care is a legal right and moral obligation,” said House Democratic Whip Clark. “While Donald Trump and GOP extremists are working to deny critical, lifesaving care, I am proud to stand with the Democratic Caucus in defending emergency care for all patients.”
“I am proud to serve as Co-Chair of the Pro-Choice Caucus, and proud to fight for people’s freedom to make their own medical decisions, especially when those decisions are life or death. As extremist Republicans—both in Congress and across the nation—are making dangerous progress in their fight to control women’s bodies and lives, House Democrats are here to remind them that they have no right to make your medical decisions. And once and for all, we affirm the right of every person in America, in every state in America, to emergency medical care—including abortion care,” said Rep. Barbara Lee, co-chair of the Pro-Choice Caucus.
Senator Patty Murray (D-WA) announced she would lead her Senate colleagues in introducing a companion resolution next week as well.
“No woman should be worried she won’t be able to get the care she needs in an emergency, and no doctor should have to fear criminal prosecution for saving a patient’s life. It is enraging that it is even up for debate when the federal law has been clear for so long. Unfortunately, due to Republicans’ extreme anti-abortion laws, and Trump’s far-right Supreme Court picks, pregnant women who need care are still facing chaos, uncertainty, and completely unnecessary medical complications. There should be no question about whether patients in need can access lifesaving abortion care. That’s why next week I am proud to be introducing a companion to this resolution in the Senate, to reaffirm that every person has the right to health care in an emergency—including abortion care,” said Senator Murray.
Since the overturn of Roe v. Wade over two years ago, nearly two dozen US states have banned or limited 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 emergency care. Despite EMTALA requiring emergency rooms to treat and stabilize pregnant patients, reports of pregnant patients being turned away from emergency rooms have increased since 2022.
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 kicked the can down the road and sent the case back down to the lower courts. This litigation will continue in the Court of Appeals, and the health and lives of pregnant people across the country remain at risk as chaos and uncertainty around emergency abortion care remains the norm.
This resolution will help alleviate this uncertainty by clearly and strongly reaffirming that EMTALA guarantees access to all forms of emergency medical care, including abortion care.
The resolution has 114 co-sponsors. American Civil Liberties Union (ACLU), American College of Obstetricians and Gynecologists, Guttmacher Institute, In Our Own Voice: National Black Women’s Reproductive Justice Agenda, National Asian Pacific American Women's Forum, National Council of Jewish Women, National Family Planning & Reproductive Health Association (NFPRHA), National Latina Institute for Reproductive Justice, National Partnership for Women & Families, National Women’s Law Center (NWLC), Planned Parenthood Federation of America, Power to Decide, Reproductive Freedom for All, Physicians for Reproductive Health, and the Pro-Choice Caucus have all endorsed this resolution.
"Every person in need of emergency medical care, including abortion care, has a federal right to receive it, " said Gretchen Borchelt, Vice President for Reproductive Rights and Health at the National Women’s Law Center. “But state politicians – enabled by extremist Supreme Court justices – are trying to take this right away from pregnant people. This resolution reaffirms the federal right and the harm to pregnant people when they’re denied the care they need. We applaud the leadership of Representatives Sykes and Sherrill in introducing this resolution, and we proudly join them in the commitment to ensuring abortion care is protected, affordable, and available to anyone who needs it."
“Abortion care is a critical component of reproductive health care, especially emergency care, and it must remain available to people in Ohio and every single state. As an ob-gyn hospitalist, I trained to assess and respond to obstetric emergencies and to treat the patients who present to my emergency department for care to the best of my ability. Abortion bans hinder our ability as doctors to provide evidence-based health care. Abortion bans are putting people’s lives, their health, and their future fertility at risk, and I am grateful to Congresswoman Sykes and Congresswoman Sherrill for introducing this resolution to reaffirm access to abortion care in emergency settings,” said Amy Burkett, MD, Fellow at the American College of Obstetricians and Gynecologists.
“In Our Own Voice: National Black Women’s Reproductive Justice Agenda applauds the introduction of the resolution reaffirming the right to emergency care for pregnant people, including abortion care. Access to emergency care during pregnancy is a Reproductive Justice issue and it is critical for Black women who are disproportionately impacted by the maternal health crisis. Everyone should be able to access the full array of emergency medical care, including abortion care, without fear or government interference. We must continue to advocate for policies like this that protect our reproductive health and lives,” said Regina Davis Moss, PhD, MPH, MCHES – President & CEO, In Our Own Voice: National Black Women’s Reproductive Justice Agenda.
Watch a recording of the press conference announcing this resolution HERE.
View the resolution text HERE.