Arizona Attorney General Kris Mayes joined 21 other Democratic attorneys general in a coordinated push to ensure hospitals perform emergency abortions. The group sent a letter Tuesday to the American Hospital Association, emphasizing that hospitals remain legally obligated to provide abortion care under federal law in certain emergency situations.
The letter, addressed to AHA President Richard Pollack, was released on the third anniversary of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade and returned abortion laws to the states. The attorneys general referenced the 1986 Emergency Medical Treatment and Active Labor Act (EMTALA), arguing it still mandates hospitals to offer abortion care when necessary to stabilize patients.
Mayes stated she would use “every legal tool” to protect abortion access and prevent prosecution of women seeking these procedures. She joined California Attorney General Rob Bonta, who led the initiative with counterparts from New York and New Jersey. The letter warns that even after the Centers for Medicare and Medicaid Services rescinded a 2022 guidance on EMTALA, the statute remains in effect.
“The law is clear: Hospitals subject to EMTALA have an obligation to provide timely abortion care when necessary to stabilize a patient experiencing an emergency medical condition,” the letter reads.
Democrats accused the Trump administration of attempting to create confusion by withdrawing federal guidance and reiterated that hospitals must still comply with EMTALA. The letter described continued adherence as “critical” and warned healthcare institutions against denying abortion care in qualifying cases.
Though abortion advocates often cite life-threatening conditions, data from Human Life International shows these cases are rare—only about 1.14% of abortions are performed due to a physical threat to the mother’s life or health.
Meanwhile, chemical and telehealth abortions continue to rise. A report by the Society of Family Planning found that by the end of 2024, 25% of abortions were performed remotely. Additionally, abortion numbers in 2024 increased over previous years, despite the Dobbs ruling.
Arizona voters passed Proposition 139 in 2023, adding abortion protections to the state constitution. Governor Katie Hobbs marked the anniversary of Dobbs with a statement supporting abortion rights, saying she trusts women to make their own decisions.
Other attorneys general signing the letter included officials from Colorado, Nevada, and several northeastern states. Bonta, in a press release, emphasized that hospitals must continue providing abortions in emergencies, despite federal policy changes.
