NJ Leads 22-States in Defending Emergency Abortion Access Under Federal Law

Letter to U.S. hospitals affirms EMTALA obligations despite Trump Administration rollback of 2022 guidance

New Jersey Attorney General Matthew J. Platkin has joined 21 other Attorneys General in sending a letter to the American Hospital Association, reinforcing that hospitals remain legally required under federal law to provide emergency abortion care. The action comes in response to the Trump Administration’s May 29, 2025, decision to rescind 2022 federal guidance clarifying those obligations.

The joint letter, issued on the third anniversary of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision overturning Roe v. Wade, reminds Medicare-participating hospitals of their ongoing responsibilities under the Emergency Medical Treatment and Active Labor Act (EMTALA), enacted in 1986. That statute mandates that hospitals offer emergency stabilizing care—including abortion—when necessary to address medical crises during pregnancy.

“We will never waver in protecting the right to access abortion care. Despite the Trump Administration’s reckless decision to rescind its guidance on EMTALA, we are reminding hospitals across the country that federal law still compels them to provide pregnant patients with emergency abortion care,” said Attorney General Platkin. “Hospitals have obligations under federal law that supersede this Administration’s life-threatening, anti-abortion agenda. Today, on the third anniversary of the devastating Dobbs decision, we are making clear that we expect hospitals to comply with EMTALA and all applicable federal and state laws protecting the right to access reproductive health care.”

The coalition emphasized that the rescinded guidance from the Centers for Medicare and Medicaid Services (CMS) does not override EMTALA’s requirements. The law, they note, remains in effect nationwide regardless of state-level abortion restrictions. Emergency conditions potentially requiring abortion include ectopic pregnancies, placental abruption, preeclampsia, hemorrhaging, and other life-threatening complications.

The letter warns that failure to comply with EMTALA could result in preventable deaths or severe injury to patients, such as infertility, kidney failure, or limb amputation.

Attorney General Platkin’s participation reaffirms New Jersey’s position in defending reproductive rights and access to emergency medical care. Joining New Jersey in the letter are Attorneys General from states including California, New York, Massachusetts, Illinois, and Washington.