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Department of Justice (DOJ) Abortion

Holland & Hart - Health Law Blog

Supreme Court Restores the EMTALA Exception to Idaho’s Abortion Ban for Now

On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

Holland & Hart LLP

Supreme Court Restores the EMTALA Exception to Idaho's Abortion Ban for Now

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On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

Holland & Hart LLP

EMTALA Exception to Idaho's Abortion Law Is in Effect for Now

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At least for the foreseeable future, Idaho’s total abortion ban is unenforceable to the extent it conflicts with the federal Emergency Treatment and Active Labor Act (EMTALA). In other words, when EMTALA applies, a physician...more

Holland & Hart - Health Law Blog

No More EMTALA Exception to Idaho’s Total Abortion Ban

The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more

Holland & Hart LLP

No More EMTALA Exception to Idaho's Total Abortion Ban

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The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more

Manatt, Phelps & Phillips, LLP

5th Circuit Rejects FDA Actions Expanding Access to Medication Abortion; Supreme Court Review Likely

On Wednesday, August 16, the Fifth Circuit Court of Appeals issued a ruling upholding parts of a Texas district court’s decision that would, if it becomes effective, severely limit access to mifepristone, one of two pills...more

Sheppard Mullin Richter & Hampton LLP

Access to Abortion Pill on the Precipice: A Deep Dive into the Federal Court Rulings that will Decide the Fate of Mifepristone 

For a brief moment in time last April, the U.S. Food and Drug Administration’s (“FDA”) approval of the commonly-used abortion medication, Mifepristone, was curtailed. Just days after a Texas federal judge’s ruling suspended...more

Proskauer - Employee Benefits & Executive...

Understanding Recent Litigation on Medication Abortion: A Guide for Health Plan Sponsors

Last Friday, the United States Supreme Court stayed a federal district court order that suspended the U.S. Food and Drug Administration’s approval of the drug mifepristone, which is used as part of a two-drug regimen to...more

BakerHostetler

Supreme Court Orders That Mifepristone Remain Widely Available Pending Appeal in Fifth Circuit

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On Friday, April 7, the Northern District of Texas issued a decision blocking the prescribing and dispensing of mifepristone nationwide. The court held that plaintiffs had a substantial likelihood of success on the merits...more

Manatt, Phelps & Phillips, LLP

Federal Courts Divided: Medication Abortion and the Uncertain Future of FDA’s Drug Oversight

The Big Picture - Less than one year after the Supreme Court overturned the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization and “returned [the issue of abortion back] to the people...more

Sheppard Mullin Richter & Hampton LLP

Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State

The U.S. Food and Drug Administration’s (“FDA”) approval of the commonly-used abortion medication, Mifepristone, has been curtailed following dueling federal court decisions in Texas and Washington. Just days after a Texas...more

K&L Gates LLP

The U.S. Fifth Circuit Court of Appeals Is Poised to Address Emergency Abortions and the Scope of EMTALA's Preemption of State...

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On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more

Manatt, Phelps & Phillips, LLP

FDA and DOJ Take Significant Steps Designed to Expand Access to Medication Abortion

On January 3, the Biden Administration took additional steps to ease access to FDA-approved abortion medication in the United States, further wading into the legal and political chaos that has sprung up in the wake of the...more

Jenner & Block

Client Alert: New Year Brings New Guidance Related to Medication Abortion

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The federal government started 2023 by clarifying important legal issues surrounding the use of medications for abortions. These changes come after much uncertainty—and controversy—around the availability of medication...more

Foley Hoag LLP

Recent Biden Administration Actions on Access to Medication Abortion

Foley Hoag LLP on

In the first week of 2023, the Biden administration announced two actions centered on expanding access to medication abortion. The first involves a policy change by the FDA regarding the ability of retail pharmacies to...more

Sheppard Mullin Richter & Hampton LLP

An Update on the Federal and State E-Roe-sion or P-Roe-tection of Abortion Rights

The Jackson v. Dobbs decision catalyzed a shift in the legal landscape of reproductive rights in the United States. The decision held that there is no federal constitutional right to an abortion, leaving the ability to...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

BakerHostetler

Federal Judge Blocks Idaho from Enforcing Abortion Ban in Emergencies

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On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022....more

Holland & Hart LLP

Idaho Abortion Laws: Status and Updated Analysis

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The turmoil over Idaho abortion laws continues. On August 12, 2022, the Idaho Supreme Court ruled that Idaho’s total abortion ban will take effect August 25, 2022. It also lifted the stay on Idaho’s Texas-style statute that...more

ArentFox Schiff

Which Law Should Emergency Departments Follow? DOJ Sues Idaho Over Conflict Between EMTALA and State Abortion Restrictions

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In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 3

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This past week witnessed the first referendum on abortion rights since the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health, along with legislative developments in several states concerning access to abortion....more

BakerHostetler

DOJ Alleges Idaho Abortion Law Violates EMTALA

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On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more

Mintz - ML Strategies

ML Strategies Outlook: Federal Action Post-Dobbs Decision

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On June 24, 2022, the Supreme Court of the United States ruled on Dobbs v. Jackson Women’s Health Organization. This ruling overturned Roe v. Wade, which held that women had a fundamental right to an abortion. Since the Dobbs...more

Clark Hill PLC

Window on Washington – Vol. 6, Issue 27

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Outlook for This Week in the Nation’s Capital - Congress. Both the House and Senate will be in session this week, after two weeks of recess. The Senate schedule for this week, however, is up in the air given that Senate...more

Bowditch & Dewey

A Nationwide Standstill: Extending the Definition of Sex Discrimination to Include Gender Identity

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On December 31, 2016, the Federal District Court for the Northern District of Texas issued a nationwide injunction blocking the implementation or enforcement of Section 1557’s provision extending the definition of sex...more

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