After the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and eliminating a woman’s constitutional right to an abortion, Missouri’s “Right to Life of Unborn Child” law—a near total abortion ban—was triggered. The abortion ban provides for a vague medical emergency defense, which has left healthcare professionals confused as to when they can legally provide abortions and has put the lives of pregnant women in serious danger. This Note argues that Missouri’s medical emergency is unconstitutionally vague and invalid, and therefore preempted by the Emergency Medical Treatment and Labor Act (“EMTALA”). Accordingly, this Note recommends that Missouri adopt new language in its medical emergency defense that clearly defines what a medical emergency is, protects the lives and health of pregnant women, and shields medical professionals from prosecution for providing necessary healthcare.
* J.D. Candidate, 2024, University of Illinois College of Law; B.A., 2021, Washington University in St. Louis. Thank you to all of the editors, members, and staff of the University of Illinois Law Review for their hard work on this Note. I dedicate this Note to my mother, Carol; sister, Mallory; and aunt, Marleen—for their love and support throughout my life and especially in law school.
The full text of this Note is available to download as a PDF.