The Supreme Court’s decision to reject the Biden administration’s appeal in the Texas emergency abortion care case could significantly shape the next president’s approach to abortion access. This ruling, which came during early voting in some states for the 2024 presidential election, underscores the profound influence of executive powers in determining abortion policy beyond legislative action.

Abortion Access as a Presidential Issue

Abortion has emerged as a critical issue in the 2024 race, with polls indicating it rivals the economy for many voters, especially women under 45 in key battleground states. Democratic nominee Kamala Harris emphasizes the urgency of restoring nationwide protections similar to Roe v. Wade, positioning this against Donald Trump’s vague stance. Trump has stated that abortion is an issue best left to the states but has provided few details on how his administration would address abortion through federal rulemaking or by prosecuting state bans in conflict with federal laws, such as the Emergency Medical Treatment and Labor Act (EMTALA).

EMTALA’s Role in the Texas Case

The Texas case revolves around EMTALA, a law requiring hospitals to provide emergency care. The Biden administration argues that this law applies to emergency abortion care even in states with bans. Texas disagrees, citing its restrictive abortion laws. By rejecting the case for now, the Supreme Court allows a lower court order to remain, limiting the obligation of hospitals to provide emergency abortions under Texas law.

Future Implications for Abortion Policy

The case highlights how presidential administrations can impact abortion access through executive actions, such as rulemaking or legal challenges. Trump’s potential reelection could lead to the rescission of Biden’s EMTALA guidance, with far-reaching consequences for states with abortion bans. His administration’s approach to reproductive health could also be informed by Project 2025, a plan designed by conservative allies to restrict abortion access further.

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The Supreme Court just signaled how next president could impact abortion access — no legislation needed

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