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Supreme Court’s Non-Decision on Emergency Abortion Care Means More Uncertainty for Pregnant Patients

Today, the Supreme Court decided to dismiss Idaho and Moyle, et al. v. United States, allowing federal emergency abortion care protections to supersede Idaho’s abortion ban while the case proceeds in lower courts. In response, Dr. Regina Davis Moss, President and CEO of In Our Own Voice, released the following statement:

“Black women are almost three times as likely to die from pregnancy complications as white women. Efforts to deny critical care to a pregnant person during a medical emergency are direct attacks on our community. No pregnant person should have to wait until they are about to die to get the emergency treatment they need. The Supreme Court’s decision to reinstate a lower court ruling on protections for emergency abortion care is only a temporary relief, and it is yet another reminder that our rights should never be decided by a handful of judges.

“Our country is in the midst of a dire maternal health crisis, and nowhere is that felt harder than in Black communities. Nearly 55 percent of all Black women of reproductive age in the United States live in states that have both banned or are likely to ban abortion – the same states which are likely to continue threatening emergency abortion access that has been protected under the Emergency Medical Treatment and Active Labor Act for decades. The Supreme Court missed their opportunity to affirm that states shouldn’t be able to ban something that federal law requires – and that access to essential emergency care, including abortion, should be universal.

“Political extremists have targeted Black women’s reproductive autonomy at every turn, resulting in 40 percent of Black women of reproductive age fearing for their lives if they become pregnant in an abortion-restricted state – a number that will only increase if the Supreme Court continues to threaten our bodily autonomy. Our health and our lives are not up for debate. Everyone should be able to access the full array of life-saving care, including abortion care, without government interference.”


In Our Own Voice: National Black Women’s Reproductive Justice Agenda is a national-state partnership focused on lifting up the voices of Black women leaders at the national and regional levels in our fight to secure Reproductive Justice for all women, girls, and gender-expansive individuals. Our eight strategic partners are Black Women for Wellness, Black Women’s Health Imperative, New Voices for Reproductive Justice, SisterLove, Inc. SisterReach, SPARK Reproductive Justice NOW, The Afiya Center and Women With A Vision.

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