Biden Administration Says Federal Law Requires Doctors to Provide Abortion When Mother's Life Is at Risk

Mar. 15, 2025

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The Biden Administration is making it clear that doctors are required to follow federal law when it comes to providing abortion services despite state trigger laws after the Supreme Court’sdecision to overturnRoe v. Wade.

On Monday, the U.S. Department of Health and Human Services (HHS) announced aclarifying guidancestating that federal law preempts state abortion bans in cases of medical emergencies — when the mother’s life is at risk.

In a press release, HHS Secretary Xavier Becerra citedrequirementsfrom the Emergency Medical Treatment and Active Labor Act (EMTALA).

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“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Becerra said in a statement. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”

The guidance comes just days afterPresident Joe Bidensigned anexecutive ordervowing to “ensure the safety of patients, providers, and third parties” who have abortions or provide abortion services.

Friday’s order called on the HHS to submit a report in 30 days detailing steps to take that can protect medication abortion, expand access to emergency contraceptives, and increase education about reproductive healthcare services.

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“I’m asking the Justice Department that, much like they did in the Civil Rights era, to do everything in their power to protect these women seeking to invoke their rights,” Biden said.

Roe v. Wadeis a landmark Supreme Court decision of 1973 that granted women the right to an abortion in every state.

Last month’s6-to-3 rulingreversed nearly 50 years of precedent, giving states the power to pass their own laws around abortion. Since the decision, Arkansas, Kentucky, Louisiana, Missouri, Mississippi and South Dakota have alreadybanned abortion in their states, afterputting trigger laws in placethat governors enacted following the SCOTUS ruling.

source: people.com