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White House: Federal Law Preempts Abortion Bans In Emergency Cases

Abortion Rights Advocates Protest Overturning Of Roe Outside Supreme Court

Photo: Getty Images

The White House is clarifying that federal law allows emergency care for pregnant patients even in states with abortion bans. 

The Health and Human Services Secretary emphasized that providers will continue to offer emergency services and federal law preempts those state bans on abortion. 

That federal statute has been active since 1986 and requires that patients receive the appropriate screenings and treatments and are transferred to the correct facility if needed. 

The Biden administration said examples of those scenarios include ectopic pregnancy or miscarriage complications.


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