97% of voters know nothing about the Supreme Court's new abortion case

The Supreme Court will hear oral arguments Wednesday that will inform what could arguably be the court's most consequential abortion ruling since it upended 50 years of abortion policy in the 2022 Dobbs v. Jackson Women’s Health decision. Yet fresh polling conducted in seven battleground states by Navigator Research shows that 97% of likely voters know very little about the 40-year-old federal law that lies at the heart of the legal battle—the Emergency Medical Treatment and Labor Act.  Often referred to as EMTALA, the law requires federally funded hospitals to provide emergency room patients with lifesaving abortion care if it's needed to stabilize a health emergency. As Daily Kos' Joan McCarter points out, hospitals receiving Medicare funds must provide that care "even if it conflicts with a state’s own stricter abortion rules." The Biden administration sued the state of Idaho in August 2022 for violating the federal law. The state's near-total abortion ban only permits the procedure in instances “necessary to prevent the death of the pregnant woman." The legal challenge arises from the conflict between the federal law requiring stabilizing care while the state ban only allows treatment if death is at hand. Dr. Lauren Miller, a maternal fetal medicine specialist who used to practice in Idaho, explained to CBS News the impossible predicament doctors face under the state’s abortion ban.  "If you act too soon, you're a felon, and if you act too late, the patient could die or be permanently injured," said Miller, who moved to Colorado to practice medicine due to the burdens of the ban. The extent to which Americans understand what's at stake in the case will directly impact advocacy around the high court's ruling and how the outcome could impact this cycle's elections.  Based on the polling, the consulting firm Global Strategy Group released a political memo stating that Americans in these battleground states are "completely unaware" the Supreme Court is poised to strike down the Emergency Medical Treatment and Labor Act. "With the law and case before the court completely unknown, progressives must define the law and illustrate the consequences to patients clearly and at the forefront," the memo warns. Rule No. 1 concerning EMTALA: Never call it EMTALA, advises the memo. Skip the acronym and describe what the federal law does—it guarantees lifesaving medical care. After a brief description of this law—including that it ensures emergency room doctors can provide an abortion when necessary to protect the health of a patient in a medical emergency—support for the law soars, according to the polling. Overall, 74% express support for the federal law, including 84% of Democrats, 73% of independents, and even 65% of Republicans. Additionally, asked whether states with abortion bans should have to comply with the federal law, 78% of battleground state voters said they should, including 91% of Democrats, 76% of independents, and 67% of Republicans. The survey also found the top arguments to uphold EMTALA centered on guaranteeing lifesaving care. All of the following statements garnered support from 80% or more of respondents. This law guarantees that in a medical emergency, doctors can provide the care their patients need. This law guarantees that in a medical emergency, patients receive care they need to survive. This law requires that in a medical emergency, hospitals provide all patients with the stabilizing medical care they need. This law guarantees that in a medical emergency, doctors have every tool at their disposal to save their patients' life. Given the information deficit surrounding EMTALA, the memo highlights "a clear opportunity" to inform and educate voters in advance of yet another Supreme Court decision that could play a critical role this cycle when voters head to the polls in November. Campaign Action

97% of voters know nothing about the Supreme Court's new abortion case

The Supreme Court will hear oral arguments Wednesday that will inform what could arguably be the court's most consequential abortion ruling since it upended 50 years of abortion policy in the 2022 Dobbs v. Jackson Women’s Health decision. Yet fresh polling conducted in seven battleground states by Navigator Research shows that 97% of likely voters know very little about the 40-year-old federal law that lies at the heart of the legal battle—the Emergency Medical Treatment and Labor Act. 

Often referred to as EMTALA, the law requires federally funded hospitals to provide emergency room patients with lifesaving abortion care if it's needed to stabilize a health emergency. As Daily Kos' Joan McCarter points out, hospitals receiving Medicare funds must provide that care "even if it conflicts with a state’s own stricter abortion rules."

The Biden administration sued the state of Idaho in August 2022 for violating the federal law. The state's near-total abortion ban only permits the procedure in instances “necessary to prevent the death of the pregnant woman." The legal challenge arises from the conflict between the federal law requiring stabilizing care while the state ban only allows treatment if death is at hand.

Dr. Lauren Miller, a maternal fetal medicine specialist who used to practice in Idaho, explained to CBS News the impossible predicament doctors face under the state’s abortion ban. 

"If you act too soon, you're a felon, and if you act too late, the patient could die or be permanently injured," said Miller, who moved to Colorado to practice medicine due to the burdens of the ban.

The extent to which Americans understand what's at stake in the case will directly impact advocacy around the high court's ruling and how the outcome could impact this cycle's elections. 

Based on the polling, the consulting firm Global Strategy Group released a political memo stating that Americans in these battleground states are "completely unaware" the Supreme Court is poised to strike down the Emergency Medical Treatment and Labor Act.

"With the law and case before the court completely unknown, progressives must define the law and illustrate the consequences to patients clearly and at the forefront," the memo warns.

Rule No. 1 concerning EMTALA: Never call it EMTALA, advises the memo. Skip the acronym and describe what the federal law does—it guarantees lifesaving medical care.

After a brief description of this law—including that it ensures emergency room doctors can provide an abortion when necessary to protect the health of a patient in a medical emergency—support for the law soars, according to the polling. Overall, 74% express support for the federal law, including 84% of Democrats, 73% of independents, and even 65% of Republicans.

Additionally, asked whether states with abortion bans should have to comply with the federal law, 78% of battleground state voters said they should, including 91% of Democrats, 76% of independents, and 67% of Republicans.

The survey also found the top arguments to uphold EMTALA centered on guaranteeing lifesaving care. All of the following statements garnered support from 80% or more of respondents.

  • This law guarantees that in a medical emergency, doctors can provide the care their patients need.

  • This law guarantees that in a medical emergency, patients receive care they need to survive.

  • This law requires that in a medical emergency, hospitals provide all patients with the stabilizing medical care they need.

  • This law guarantees that in a medical emergency, doctors have every tool at their disposal to save their patients' life.

Given the information deficit surrounding EMTALA, the memo highlights "a clear opportunity" to inform and educate voters in advance of yet another Supreme Court decision that could play a critical role this cycle when voters head to the polls in November.

Campaign Action