Despite White House Emergency Abortion Remains Legal

Graphics Designed by Aubrey Weaver

By: Aubrey Weaver

Intern, The Ruth Collective

06/13/2025

Emergency Abortions are Still Legal to Provide, But the White House’s New Action Could Cause Deadly Confusion

The Trump administration announced on June 3 that it will revoke federal guidance ensuring hospitals provide emergency abortions when necessary to stabilize a patient’s health (Associated Press, 2025). The 2022 Biden-era policy was implemented after the Supreme Court overturned Roe v. Wade to clarify that hospitals must offer abortion care in medical emergencies—including cases of severe hemorrhage, organ failure, or other life-threatening complications.

By eliminating these protections, the administration has created dangerous confusion for doctors in states with abortion bans. Without clear federal guidance, hospitals and providers now face greater legal risks when making time-sensitive decisions. As OBGYN PA-C and founder of @takebacktrust Nikki Vinckier (2025) noted in the Detroit Free Press, this ambiguity could lead to fatal delays in care.

Lawmakers Fight to Uphold Emergency Abortion Access

In response, Representatives Mikie Sherrill (NJ-11) and Emilia Sykes (OH-13) are reintroducing a resolution to reaffirm that the Emergency Medical Treatment and Labor Act (EMTALA) protects emergency abortion care in all states (Sherrill, 2025). 

In a press release published by Rep. Sherrill’s office on June 10, the congresswoman states “[The current administration] are creating confusion for doctors, scaring patients, and dragging politics into one the most personal and urgent moments of a woman’s life.” Their effort highlights a critical truth: federal law already requires hospitals to provide stabilizing treatment, including abortion, regardless of state restrictions.

The Real-World Consequences of Legal Uncertainty

More than a dozen states have banned abortion entirely or after six weeks, often before many people even know they’re pregnant (TIME, 2025). These laws have already resulted in patients being denied care for pregnancy complications, putting lives at risk.

Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, warns that revoking federal guidance forces doctors to practice medicine under threat: "We’re making health care professionals operate in a gray area when their work needs to be clear. They provide life-saving care every day, and they shouldn’t be put in positions where legal fears compromise their decisions." (TIME, 2025)

What Comes Next?

While EMTALA still technically mandates emergency abortion care, the removal of federal guidance gives anti-abortion states room to intimidate and confuse providers. Advocates must push for stronger protections to ensure no patient is denied critical care,  and that abortion care is emergency stabilizing care. 

The Ruth Collective will continue fighting to protect abortion access in all circumstances, because when emergency care is politicized, lives are on the line.

Graphics Designed by Aubrey Weaver

Despite White House Emergency Abortion Remains Legal

References

Associated Press. (2025, June 10). Trump administration revokes emergency abortion guidance for hospitals. https://apnews.com/article/abortion-emtala-biden-trump-emergency-hospital-3640bff165dac1d28b91e8adee7e47dd

Sherrill, M. (2025, June 10). Sherrill statement on Donald Trump revoking EMTALA emergency abortion guidance [Press release]. https://sherrill.house.gov/media/press-releases/sherrill-statement-on-donald-trump-revoking-emtala-emergency-abortion-guidance

TIME. (2025, June 10). How Trump’s rollback of emergency abortion guidance endangers patients. https://time.com/7291156/trump-emergency-abortion-guidance/

Vinckier, N. (2025, June 10). Trump’s abortion rollback puts emergency care at risk. Detroit Free Press. https://www.freep.com/story/opinion/contributors/2025/06/10/trump-abortion-emergency-health-care-emtala-hospitals/84120466007/