James Warns Hospitals: Emergency Abortions Are the Law

NEW YORK – New York Attorney General Letitia James is throwing down the gauntlet, reminding hospitals that denying emergency abortion care is a direct violation of federal law. On June 25, 2025, James co-led a coalition of 21 state attorneys general in a forceful letter to the American Hospital Association, asserting that hospitals *must* provide abortion access when a pregnant patient’s life is on the line, regardless of state-level restrictions.

The move comes on the heels of the Centers for Medicare and Medicaid Services (CMS) rescinding guidance issued in 2022 following the Supreme Court’s gutting of Roe v. Wade. While the CMS claimed this rescission didn’t alter existing law, James and her colleagues aren’t taking any chances. They’re making it crystal clear: the Emergency Medical Treatment and Active Labor Act (EMTALA), enacted in 1986, still requires Medicare-participating hospitals to provide stabilizing care – and that includes abortion – when necessary.

“When a pregnant patient shows up at an emergency room in need of help, they should never be turned away,” James stated bluntly. “Our hospitals have a legal responsibility to ensure they are providing life-saving care to all patients in need – including emergency abortion care when necessary. It is critically important that providers be aware of this obligation, so that we avoid further tragedy and save as many lives as possible.” The letter specifically details emergency conditions like ectopic pregnancy, hemorrhaging, preeclampsia, and other life-threatening scenarios where abortion is the necessary treatment.

The AGs are pushing back against what they see as a thinly veiled attempt by the federal administration to chip away at reproductive rights. They argue the Trump administration can’t simply erase legal obligations with a guidance document, and EMTALA remains fully enforceable nationwide. The stakes are high, they emphasize. Denying emergency abortion care doesn’t just put lives at risk; it can lead to devastating consequences – hysterectomies, infertility, kidney failure, brain injury, and even limb amputation.

Joining James in this fight are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. This isn’t just a legal battle; it’s a direct challenge to the ongoing erosion of reproductive healthcare access in a post-Roe America.

James and the coalition aren’t just sending a letter; they’re drawing a line in the sand. They’re signaling a willingness to fight in court to protect EMTALA’s mandates and ensure that hospitals prioritize patient safety over political agendas. This case sets a precedent: hospitals will be held accountable for adhering to federal law, even if it clashes with increasingly restrictive state regulations. The Grimy Times will continue to track this developing story.