SCOTUS Chat: Can States Ban Emergency Abortion Care?

“This case is about our humanity: do we matter?” — Rupali Sharma, the Lawyering Project

Host: Erin Maye Quade, Gender Justice Special Projects Advisor
Guests: Jess Braverman, Gender Justice Legal Director and Rupali Sharma, Deputy Executive Director for Legal Programs at the Lawyering Project

Gender Justice legal and policy experts are joined by the Lawyering Project’s Rupali Sharma to discuss the oral arguments in the case Idaho v. United States and Moyle et al., or the “EMTALA” (Emergency Medical Treatment and Labor Act) case, which centers on whether or not state abortion bans supersede the federal law mandating that hospital emergency departments receiving federal funding must stabilize a patient whose life or health is at risk.

Rupali Sharma previously worked at the Center for Reproductive Rights, where she successfully litigated challenges to unlawful abortion restrictions in Ireland and the U.S., including Whole Woman’s Health v. Hellerstedt. She led the Lawyering Project’s amicus brief submitted on behalf of doctors in the EMTALA case.

References and additional resources:

• Audio of the Supreme Court oral arguments in the EMTALA case (transcript provided)
• Amicus brief submitted by Rupali Sharma for the Lawyering Project on behalf of Physicians for Reproductive Health in the EMTALA case
• The Lawyering Project
• In Idaho v. United States, the Supreme Court Must Reckon With the Post-Dobbs Reality It Created
• I’m an ER Doctor. If the Supreme Court Upends EMTALA, Patients Will Die.

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The Gender Justice Brief is produced by Gunther Michael Jahnl of IQONEQ Communications Solutions and Audra Grigus.

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