U.S. Senator Mazie K. Hirono (D-HI), a member of the Senate Judiciary Committee, issued a statement today in response to the Supreme Court's ruling in United States v. Idaho, a case involving the Emergency Medical Treatment and Active Labor Act (EMTALA). The U.S. Department of Justice had sued Idaho following the Dobbs decision in 2022, arguing that the state's anti-abortion law was preempted by EMTALA. This federal act mandates Medicare-funded hospitals to provide abortion care not only when necessary to prevent patient death but also when required to stabilize a patient during emergency medical treatment.
"The Supreme Court has avoided cleaning up its own mess," stated Senator Hirono. "When the conservative justices on the Court overturned Roe, chaos followed by enabling states to implement draconian abortion bans—such as the law in Idaho where patients have to be at death’s door before a doctor can treat without being criminally prosecuted."
Senator Hirono further expressed her disappointment with the ruling: "Today, the Supreme Court shirked its responsibility to patients and providers across the country. Justice Jackson said it best, ‘This Court had a chance to bring clarity and certainty to this tragic situation and we have squandered it.’ Patients will continue to suffer and doctors will remain hamstrung in their ability to provide care for fear of prosecution. This situation will continue to sow chaos and confusion and is just one more example of the consequences of the Dobbs decision, giving control of our bodies to far-right politicians and judges."
Senator Hirono has been an advocate for abortion access and is dedicated to safeguarding reproductive health care rights for all individuals. Recently, she led eleven colleagues in speaking on the Senate floor in support of the Right to Contraception Act—a bill she co-leads with Senators Edward J. Markey (D-MA) and Tammy Duckworth (D-IL). This legislation aims to ensure people's right to obtain and use contraceptives, allow health providers to prescribe them, and disseminate information about contraception without government interference.
In May 2024, Senator Hirono reintroduced the Access to Birth Control Act which seeks nationwide guaranteed timely access for patients at pharmacies including addressing refusals that hinder obtaining preferred birth control medications. Additionally, she reintroduced a bicameral resolution in March 2024 designating March 10 as "Abortion Provider Appreciation Day" honoring abortion providers and staff.