A significant legal battle has emerged as the Catholic Medical Association (CMA) has filed a lawsuit against the Biden administration. The lawsuit challenges a federal directive requiring emergency room doctors to perform abortions under the 1986 Emergency Medical Treatment and Labor Act (EMTALA). This directive, issued in July 2022, raises concerns about religious freedom, medical ethics, and federal overreach, particularly for Catholic healthcare providers.
The Catholic Medical Association, a professional organization committed to upholding Catholic ethics in medicine, argues that EMTALA does not mandate or even suggest abortion as a required treatment. “The law itself ‘does not mandate, direct, approve, or even suggest the provision of any specific treatment,’” the CMA asserts in its lawsuit. The association further notes that EMTALA was originally designed to ensure that emergency medical care is accessible to all patients, regardless of their ability to pay, not to compel abortion practices.
Represented by the Alliance Defending Freedom (ADF), the CMA’s lawsuit contends that the federal directive violates constitutional protections of religious freedom. Matt Bowman, a senior attorney with ADF, emphasized, “The federal government has no business compelling doctors or hospitals to end unborn lives, especially when the law they are citing grants them no such authority.”
Protecting Religious and Medical Ethics
The Catholic Church teaches that life begins at conception and must be protected until natural death. This belief underpins Catholic healthcare institutions’ commitment to preserving life while opposing any action that directly ends it. As such, Catholic medical directives forbid direct abortions but allow life-saving treatments, such as those for ectopic pregnancies, when necessary to preserve the mother’s life.
“Emergency room physicians can and do treat life-threatening conditions such as ectopic pregnancies,” Bowman said. He added that every state already permits doctors to act to save a mother’s life in emergencies, making the federal directive redundant and intrusive.
Conflicting Court Rulings
The legal landscape surrounding EMTALA and abortion remains unsettled. In January 2023, the U.S. Court of Appeals for the 5th Circuit ruled that EMTALA does not require doctors to perform abortions. However, in June 2023, the Supreme Court directed hospitals in Idaho to temporarily comply with EMTALA’s abortion-related provisions, despite the state’s restrictive abortion laws.
According to Bowman, these conflicting rulings highlight the need for definitive resolution at the national level. “At the end of the day, the Supreme Court has not ruled on what we call the merits of this question. They have not made the ultimate decision. Everything they do short of that leaves that question open,” he explained.
Standing Firm in Faith
Catholic healthcare providers face mounting pressure to compromise their religious and ethical principles. Yet, the CMA’s lawsuit underscores the resolve of Catholic doctors and hospitals to stand firm in their faith. As Bowman pointed out, “Until this mandate is overturned, we’re going to do everything we can in court to protect our clients’ rights to not perform abortions.”
This case is a pivotal moment for Catholic healthcare institutions and professionals striving to practice medicine in accordance with their faith. It also reflects the broader cultural and legal battles over abortion in the United States, as Catholics and other religious groups advocate for policies that protect both religious freedom and the dignity of human life.
