An Overwhelming Majority of Voters Want Hospitals to Provide Medically Necessary Abortions in All States
By Matthew Cortland
Last week, the Supreme Court announced that it will decide whether federal law permits hospitals to perform emergency “medically necessary” abortions in states that prohibit abortion.
Under the federal Emergency Medical Treatment and Labor Act (EMTALA), hospitals that accept Medicare funds are required to provide medical care, such as an abortion, to any individual if it stabilizes an “emergency medical condition.” Health and Human Services Secretary Xavier Becerra has informed states that, under this federal law, an abortion is deemed medically necessary if it will prevent the patient from dying or experiencing serious damage to their bodily functions. This year, the Supreme Court will determine if EMTALA overrides Idaho’s abortion ban, which only allows abortions in a narrower set of cases — when “necessary to prevent the death of the pregnant woman.”
A new Data for Progress survey finds that an overwhelming majority of voters (85%) across party lines support a rule requiring all U.S. hospitals to provide an emergency abortion when it is “medically necessary.” This includes 89% of Democrats, 88% of Independents, and 77% of Republicans.
We then presented voters with arguments about medically necessary abortions and asked them to choose the side they agree with more. A strong majority of voters (78%) agree that hospitals in all U.S. states should be required to perform medically necessary abortions, including 87% of Democrats, 80% of Independents, and 66% of Republicans. Only 15% of voters say that hospitals should not be required to perform medically necessary abortions in states with full abortion bans.
Since the Supreme Court overturned Roe v. Wade in 2022, 14 states have banned all or most abortions. Despite these strict bans from GOP-controlled legislatures, voters across party lines support requiring hospitals in every state to perform emergency “medically necessary” abortions. If the Supreme Court takes another stance restricting abortion for millions of Americans nationwide, its decision would yet again be out of step with the majority of voters.
Matthew Cortland (@mattbc) is a senior resident fellow at Data for Progress.