Chicago Abortion Fund Supports Legal Defense of EMTALA
Chicago Abortion Fund Supports Legal Defense of EMTALA
CHICAGO, IL – September 22, 2026 – Arguments will begin this week in ongoing litigation against the state of Idaho to determine if the Emergency Medical Treatment and Labor Act (EMTALA) protects the right to an abortion when necessary to stabilize a pregnant patient – even in states with abortion bans or restrictions. This case, which began with a Biden-administration lawsuit against the state of Idaho in 2022, will be a cornerstone decision for determining how federal emergency-care protections interact with state abortion bans, with long-lasting effects for patients, abortion funds, and providers.
Currently, an injunction blocks enforcement of Idaho’s near-total abortion ban only when a pregnancy is terminated to save the life of the patient, an exception that is not clearly defined and often delays care as doctors wait for a patient’s condition to worsen to ensure legal compliance. If this injunction is removed, or is narrowed to offer no protection for those who require abortion care to protect their physical or mental health, the lives and health of pregnant people will be seriously at risk.
Statement from Megan Jeyifo, Executive Director of the Chicago Abortion Fund (CAF):
Every day, CAF helps people who are forced to leave their home state and travel, often hundreds of miles, to receive abortion care. The barriers people face – navigating childcare, affording travel costs, getting time off work, losing their support system, scheduling appointments, and many others – are compounded in emergency treatment situations. Telling a pregnant person experiencing a medical emergency that they must leave their state to get the care they need is negligent and cruel, and for most patients, travel is completely impossible.
EMTALA allows doctors to do their jobs and make decisions on care to preserve the life and health of their patients. Without this essential protection, we have and will continue to see people dying in hospitals because doctors are concerned they will be criminally prosecuted for providing necessary abortion care. Providers must be empowered to offer the necessary care to their patients without risk of prosecution, and patients must know that they will not be left to die in an emergency room to serve a political narrative.
Abortion is healthcare and should be treated as such under the law. EMTALA protections are the bare minimum, and CAF will continue to do our work until everyone can access the abortion care they want, need, and deserve – no matter what.
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The Chicago Abortion Fund (CAF) is the largest abortion fund in the country. For 40 years, we've been breaking down barriers to abortion care in Chicago, the Midwest, and beyond. CAF offers support for people seeking abortion care in Illinois including, procedure funding, travel and related needs like childcare, emotional support and logistical expertise. Since the fall of Roe v. Wade CAF has received support requests from over 50,000 people in 45 states and pushed out over $20 million in direct assistance and wrap-around support. In 2025 alone, CAF fielded nearly 20,000 support requests and spent over $10 million on appointment and travel costs.