Statement from Attorney General James on Supreme Court Allowing Access to Emergency Abortion Care in Idaho

NEW YORK – New York Attorney General Letitia James today released the following statement after the United States Supreme Court dismissed petitions for certiorari in Idaho v. U.S. and Moyle v. U.S. and allowed a preliminary injunction by the U.S. District Court for the District of Idaho to stay in place, which allows hospitals in Idaho to provide emergency abortion care as required by the federal Emergency Medical Treatment and Labor Act (EMTALA). 

“The Supreme Court’s dismissal of Idaho’s petitions offers some relief for now, but we know that this fight is not over. Those opposed to our bodily autonomy will continue to attack our basic rights, and much more needs to be done to provide full reproductive freedom. I am proud to have worked with my fellow attorneys general to support this crucial federal law and ensure that the right to reproductive health care prevails over anti-choice forces who would deny people care when their health is at serious risk. Abortion care is health care, and I am committed to ensuring that abortion remains accessible for New Yorkers, and that our state remains a safe haven for those seeking care.”

Attorney General James co-led a coalition of 24 attorneys general in submitting an amicus brief to the Supreme Court urging the court to maintain access to emergency abortion care through EMTALA. Attorney General James also filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit and the United States District Court of Idaho to defend access to emergency abortion care in U.S. v. Idaho. 

Attorney General James has been at the forefront of the fight to protect abortion and reproductive health care. Attorney General James led a multistate coalition of 24 attorneys general to protect access to medication abortion nationwide and pledged to continue protecting access to medication abortion after the Supreme Court upheld access to mifepristone. In March 2024, Attorney General James co-led an amicus brief with 24 other attorneys general in support of the Biden administration’s application of EMTALA. Last month, Attorney General James filed a lawsuit against a New York anti-abortion group and 11 crisis pregnancy centers for promoting false “abortion reversal” procedures. And she has continued to lead colleagues across the nation, calling on Congress to expand access to IVF and filing additional amicus briefs opposing restrictive abortion measures.