The Trump administration has taken a strong and necessary step by reversing the Biden administration’s misguided policy on emergency abortions.
On Tuesday, President Trump’s administration withdrew the 2022 guidance that forced hospitals to perform abortions during medical emergencies—even in states where abortion is banned. This policy, created under the Biden administration, wrongly interpreted federal law to override state sovereignty and ignored the rights of states to protect unborn life.
The Centers for Medicare & Medicaid Services (CMS), under the Department of Health and Human Services, made clear that the Biden-era guidance did not reflect the current administration’s commitment to upholding the rule of law and respecting states’ decisions. The agency also pledged to clear up any confusion caused by the prior administration’s overreach.
The original guidance was issued shortly after the Supreme Court’s landmark decision to overturn Roe v. Wade, which rightly returned the issue of abortion to the states. It claimed that under the Emergency Medical Treatment and Labor Act (EMTALA), hospitals must provide abortions to stabilize patients during emergencies, even in states with strict abortion laws.
President Trump’s administration recognizes the importance of EMTALA in ensuring emergency care but insists that it should not be used as a tool to circumvent state laws protecting life. By rescinding this flawed guidance, the administration is restoring balance between federal law and state authority.
Additionally, after the previous administration sued Idaho to block its nearly total abortion ban during emergencies, the Trump administration made the correct decision to drop the lawsuit, respecting Idaho’s right to enforce its laws.
This move demonstrates President Trump’s commitment to protecting life, defending states’ rights, and ensuring that federal agencies do not overstep their authority.

