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WASHINGTON – Sen. John Kennedy (R-La.) joined Sen. Jim Risch (R-Idaho), Rep. Russ Fulcher (R-Idaho) and more than 100 other lawmakers in filing an amicus brief with the U.S. Supreme Court in Moyle v. United States and Idaho v. United States to support Idaho as it defends its Defense of Life Act.

The Biden administration claims to have discovered a new power in the Emergency Medical Treatment and Labor Act (EMTALA), a law that President Ronald Reagan signed, to require doctors to perform certain abortions in violation of many states’ pro-life laws. 

“The Biden administration’s case against Idaho’s Defense of Life Act is the president’s latest scheme to force his radical pro-abortion ideology on all Americans. Idaho requires doctors to protect the lives of mothers and their unborn children, and there’s no legal basis for the Biden administration to try to overrule a law that Idahoans passed democratically,” said Kennedy. 

“Idahoans have passed a strong law to protect the lives of mothers and the unborn, yet the Biden administration is seeking every opportunity to expand abortion. This administration cherrypicked pieces of existing statute and wrongfully reinterpreted it to fit their agenda. Their manipulation of federal law cannot usurp state law, and there is no federal right to an abortion. This amicus brief demonstrates how the administration’s substantial federal overreach is aimed at undermining pro-life protections not only in Idaho but around the nation,” said Risch.


  • EMTALA requires hospitals to provide necessary stabilizing treatment to patients before transferring them to another hospital because of the patient’s inability to pay. 
  • The Biden administration claims that EMTALA overrides pro-life state laws and requires doctors to perform abortions in some circumstances. 
  • To the contrary, the lawmakers’ amicus brief argues that EMTALA says nothing about abortion and actually requires doctors to provide treatment to both a mother and her unborn child.
  • As the Supreme Court ruled in Dobbs v. Jackson Women’s Health, there is no constitutional right to abortion.

Sens. Cindy Hyde-Smith (R-Miss.), Roger Wicker (R-Miss.), Marco Rubio (R-Fla.), Mike Braun (R-Ind.), John Thune (R-S.D.), Mike Lee (R-Utah), James Lankford (R-Okla.), Ted Budd (R-N.C.), Steve Daines (R-Mont.), Joni Ernst (R-Iowa), John Hoeven (R-N.D.), Cynthia Lummis (R-Wyo.), Pete Rickets (R-Neb.), Todd Young (R-Ind.), Bill Cassidy (R-La.), Kevin Cramer (R-N.D.), Josh Hawley (R-Mo.), John Barrasso (R-Wyo.), Ted Cruz (R-Texas), Lindsey Graham (R-S.C.), Marsha Blackburn (R-Tenn.), Markwayne Mullin (R-Okla.) and John Cornyn (R-Texas) also joined the brief along with more than 93 members of the House of Representatives.

The amicus brief is available here