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Liz Sepper
@lsepper.bsky.social
Law Professor at the University of Texas at Austin. Fan of health law, religious liberty, and reproductive rights
3k followers939 following1.1k posts
LSlsepper.bsky.social

This week, California filed an important suit against a hospital for refusing emergency abortion care. But that hospital is part of a large Catholic chain and is likely to raise religion in defense. This defense would have been laughable even a decade ago. But healthcare refusal has been legitimized

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LSlsepper.bsky.social

Just this year, the Sup Ct (and the Biden Admin) took the view that the federal law requiring emergency care allowed doctors and hospitals to let pregnant people die. This is radical--and wrong. California's suit raises only state law, so isn't directly affected. But...

AHM and Moyle mark a dramatic shift in so-called conscience protection at the federal level. EMTALA—and patients’ interests in life and health—had long been understood to prevail over providers’ religious objections. The sponsors of various conscience-related laws and budget riders made explicit that religious and moral beliefs would not relieve providers of duties of emergency care. Multiple times, Congress considered but rejected conscience carve-outs to EMTALA. And when the Trump administration issued a rule in 2019 authorizing denial of care where a patient was experiencing ectopic pregnancy, miscarrying, or otherwise in need of emergency care, multiple federal courts vacated the rule as not in accordance with EMTALA.

While the discussion of conscience might be labeled mere dicta, advocates, providers, and enterprising lower courts are likely to read the Court to permit refusal of emergency abortions nationwide. Indeed, anti-abortion activists celebrated what otherwise
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First do no harm - unless she's a woman.

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JWjlwinch1.bsky.social

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LS
Liz Sepper
@lsepper.bsky.social
Law Professor at the University of Texas at Austin. Fan of health law, religious liberty, and reproductive rights
3k followers939 following1.1k posts