HHS Secretary Xavier Becerra sent a letter Friday to state governors, warning that the agency would “not hesitate” to tap the Department of Justice for legal action if a state prohibited providers from offering emergency abortion care under federal law.
“Under the Constitution, states cannot avoid their responsibilities under federal law, or interfere with a medical professional’s obligations under federal law to provide this essential medical care,” Becerra stated in the letter, referring to the Emergency Medical Treatment and Labor Act, known as EMTALA.
