Senator Coons applauds Senate passage of resolution condemning Eswatini’s human rights record

WASHINGTON – U.S. Senator Chris Coons (D-Del.) applauded the Senate’s unanimous passage of his resolution that condemns the human rights record of the government of Eswatini and the killing of Eswatini human rights activist Thulani Maseko. This resolution is cosponsored by U.S. Senators Jim Risch (R-Idaho), Cory Booker (D-N.J.), and Tim Scott (R-S.C.).

Eswatini is Africa’s last absolute monarchy, currently ruled by King Mswati III. Human rights abuses in the kingdom are common, including unlawful killings, arbitrary detention, and serious restrictions on freedom of expression. This resolution calls on the government of Eswatini to conduct a transparent and thorough investigation into the assassination of Maseko, a prominent human rights lawyer in Eswatini who was shot and killed by an unknown gunman on January 21, 2023. Eswatini authorities have failed to announce progress on an independent investigation into Maseko’s killing, and more must be done to hold those responsible accountable and protect human rights in Eswatini.

“I applaud the passage of my bipartisan resolution condemning the human rights record of the government of Eswatini and the brutal murder of Thulani Maseko, who was a strong advocate for human rights,” said Senator Coons. “Maseko fought tirelessly to improve human rights and civil liberties in the kingdom. However, more than a year after his death, no substantial progress on an independent investigation into his killing has been made. Even worse, his family members – including his widow, Tanele Maseko – continue to face harassment at the hands of the government. I condemn the kingdom’s failure to undertake an independent investigation into Maseko’s assassination, and I will continue to fight for justice for him and his family. I will also continue working with my colleagues in the Senate to seek wider improvements to the kingdom’s human rights record.”

“I am pleased the Senate passed my resolution with Senator Coons condemning Eswatini’s human rights record and Thulani Maseko’s murder,” said Senator Risch. “The Eswatini government should heed the Senate’s call to fully probe Maseko’s murder, uphold human rights, and conduct meaningful and comprehensive dialogue on democratic reforms.”

“Thulani Maseko was a dedicated advocate for human rights and civil liberties in Eswatini,” said Senator Booker. “I am pleased that my colleagues on both sides of the aisle have come together to condemn this murder and urge accountability and justice for his family. We must continue our work to protect and defend human rights in Eswatini and beyond.” 

“‘Speak up for those who cannot speak for themselves’ is a constant reminder in Scripture for the role of any public servant,” said Senator Scott. “I’m grateful for the Senate unanimously condemning the worsening cycle of political violence and suppression of free speech in Eswatini. Transparency and accountability must be restored with respect to public officials complicit in extrajudicial killings, torture, and other egregious human rights violations.”

Senator Coons is Chair of the Appropriations Subcommittee on State and Foreign Operations (SFOPS), a member of the Senate Foreign Relations Committee, and Co-Chair of the Senate Human Rights Caucus.

The text of the resolution is available here.

Senators Coons, Durbin introduce bill to limit use of solitary confinement

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Dick Durbin (D-Ill.) introduced legislation to reduce the Federal Bureau of Prisons’ (BOP) and the U.S. Marshals Service’s use of solitary confinement and improve conditions for adults in custody separated from the general prison population. 

The Solitary Confinement Reform Act limits the use of solitary confinement in certain prison facilities to the shortest term and the least restrictive conditions possible, improves access to mental health services for adult BOP prisoners in solitary confinement, and provides resources to state and local jurisdictions to assist them in reforming their own confinement practices. The bill also protects adult inmates’ civil rights through the creation of a Civil Rights Ombudsman position and bans the practice of placing LGBTQ inmates in solitary confinement as a means of protection. 

“Solitary confinement doesn’t achieve its stated goals of improving safety in prisons or reducing recidivism among prison populations,” said Senator Coons. “Instead, it can cause lasting psychological damage in incarcerated individuals. There are more effective, humane practices that maintain the safety and security of correctional officers, prison staff, and people behind bars. I’m glad to join with Chair Durbin in this effort to move us closer to a criminal justice system that focuses on rehabilitation and justice at its core.”

“The goal of our criminal justice system should be to rehabilitate offenders and prepare them for successful reentry into our society,” said Senator Durbin. “We have had some success – like the landmark First Step Act – but the continued overuse of solitary confinement undermines this objective, causing psychological harm that is difficult, if not impossible, to undo. I’ve had the opportunity to hear directly from men like Anthony Graves, who spent 16 years in solitary confinement for a crime he didn’t commit, about the devastating toll of isolation. That’s why I’m certain of the need to restrict and reform the use of solitary confinement in the United States.”

According to a report by the Government Accountability Office – requested by Senators Coons, Durbin, and others – as of October 2023, the BOP has not fully implemented 54 of the 87 recommendations from the two prior studies on improving restrictive housing practices.

Following the independent assessment in 2015, the U.S. Department of Justice undertook a review of BOP’s use of solitary confinement. In January 2016, President Barack Obama announced that he had accepted a number of DOJ’s recommendations to reform and reduce the practice of solitary confinement in the federal prison system, including implementing the ban on juvenile solitary confinement. The Federal Bureau of Prisons began implementing these changes and, until the Trump administration, the numbers continued trending downward. While this previous decline was encouraging, there was still a need for further reform measures. Senators Durbin and Coons first introduced the Solitary Confinement Reform Act in 2016 to codify and build upon DOJ’s recommendations.

In addition to Senators Coons and Durbin, this legislation is also cosponsored by U.S. Senator Brian Schatz (D-Hawaii).

Senator Coons is a member of the Senate Judiciary Committee and Co-Chair of the Senate Law Enforcement Caucus. Senator Durbin is Chair of the Senate Judiciary Committee.

Senators Coons, Graham celebrate committee passage of their bipartisan bill to create new U.S. Foundation for International Conservation

WASHINGTON – U.S. Senator Chris Coons (D-Del.), member of the Senate Foreign Relations Committee and Chair of the Senate Appropriations Subcommittee on State and Foreign Operations (SFOPS), today celebrated committee passage of his bipartisan legislation with Senator Lindsey Graham (R-S.C.), Ranking Member of SFOPS, to create a U.S. Foundation for International Conservation. The bill passed out of the Senate Foreign Relations Committee this morning.

“The U.S. Foundation for International Conservation would fund public-private partnerships to support local communities around the world in effectively managing protected and conserved areas,” said Senator Coons. “This bipartisan bill would increase the flow of private and philanthropic capital, in coordination with U.S. government investment, to conserve biodiversity, promote stability and security, and ensure the communities who live and work around protected areas drive their own future. On my recent congressional delegation to five countries in Africa and during my many trips to the developing world throughout my time in the Senate, I’ve seen the immensely positive impact that investing in conservation can have on local communities. I’d like to thank my Senate Foreign Relations Committee colleagues for joining me in a strong, bipartisan fashion to advance my legislation with Senator Graham to increase investment in the future of our planet, and I will continue working to pass this bill into law.”    

“The Foundation for International Conservation is a win-win in that the bill leverages private capital while supporting the long-term protection of critical landscapes around the world,” said Senator Graham. “Investments in conservation lead to food security and regional stability. I am proud to work with Senator Coons, my colleagues, and stakeholders to position the United States as a leader in international conservation.” 

The bill is cosponsored by Senators Sheldon Whitehouse (D-R.I.), Thom Tillis (R-N.C.), Martin Heinrich (D-N.M.), John Boozman (R-Ark.), Pete Ricketts (R-Neb.), and Tim Kaine (D-Va.). A companion bill passed the House Foreign Affairs Committee last month, led by Chairman Michael McCaul (R-Texas) and Ranking Member Gregory Meeks (D-N.Y.), by a vote of 42-7.

“Once in a generation a new idea comes along that takes root in America to support natural resource management for the future,” said David H. Barron, Founder, International Conservation Caucus Foundation. “Today, the United States Senate took a step forward to advance the formation of the United States Foundation for International Conservation to provide conservation leadership support for national parks and protected areas in Africa, Asia, and Latin America for the benefit of their peoples, their communities, and their biodiversity. Thanks to Senators Coons, Graham, and others, that can now become a reality.”

“As stewards of the earth, we stand at a critical juncture where the decisions we make today will shape the future of our planet,” said Kaddu Sebunya, CEO, African Wildlife Foundation. “The passage of the U.S. Foundation for International Conservation Act by the Senate Foreign Relations Committee is a resounding declaration of commitment to safeguarding our shared natural heritage. Protected and conserved areas in Africa are not just boundaries on a map; they are vibrant ecosystems teeming with life, sustaining both biodiversity and local economies. Yet, these vital sanctuaries face unprecedented threats, from poaching to habitat loss. The establishment of the foundation signifies a monumental step towards ensuring their conservation for generations to come. By investing in conservation, we not only protect wildlife but also empower communities, bolster economies, and secure a sustainable future for all. Now is the time for bold action, and together, we must advocate for mutually beneficial people-centric solutions that are sustainable and attainable.”

“Today, we reached a major milestone for boosting conservation efforts on the global stage,” said Jennifer Morris, CEO, The Nature Conservancy. “The Senate Foreign Relations Committee’s approval of the U.S. Foundation for International Conservation Act comes just weeks after the act cleared a key House committee. The bipartisan momentum behind this bill is a testament to how important it is to establish long-term, sustainable financing for the conservation of threatened lands and bodies of water. Protecting nature isn’t just good for the United States and the health of our planet; it can also boost global stability. At The Nature Conservancy, we have witnessed firsthand how these investments can be transformative – for people and nature, as well as safety and security. This combination of U.S. investment and philanthropic funding will stimulate economic growth and empower local and Indigenous communities. We urge lawmakers to keep this pace and pass the legislation quickly so we can unlock the potential of these needed investments to create a more stable and healthy world.”

“Conservation International applauds the U.S. Senate Foreign Relations Committee passing the U.S. Foundation for International Conservation Act to protect nature in some of the most important and vulnerable places on Earth,” said Pasha Majdi, Vice President, U.S. Government Policy and Strategy, Conservation International. “We thank the bipartisan leadership from Chairman [Ben] Cardin [D-Md.] and Ranking Member [James] Risch [R-Idaho], the steadfast commitment from Senators Coons and Graham, and Senators Tillis, Boozman, Whitehouse, Heinrich, Ricketts, and Kaine to advance the bill. This public-private partnership with leading philanthropists will provide a pathway for financing global conservation projects to build a more prosperous future. Now that both the Senate Foreign Relations Committee and the House Foreign Affairs Committee have passed the bill with overwhelming bipartisan support, Conservation International calls on Congress to pass the bill this year.”

“Today’s action in the Senate to advance the U.S. Foundation for International Conservation Act is a major step forward in reaffirming American leadership to protect nature around the globe,” said Alejandro Pérez, Senior Vice President of Policy and Government Affairs, World Wildlife Fund. “Nature is under increasing threat, and we need to find ways to mobilize significant new finance from both the public and private sectors if we are to address this challenge at the scale required. By creating a new U.S. Foundation for International Conservation, this legislation will help to forge new public-private partnerships to conserve essential landscapes and seascapes and the natural resources they provide. The WWF commends the bipartisan group of lawmakers that has now advanced this legislation through committees in both the House and Senate. We urge both chambers of Congress to pass it into law in order to strengthen U.S. government partnerships with the private sector, local communities, and developing countries that will help protect our planet and the people who depend on it.”

“The U.S. Foundation for International Conservation Act would bring together the public and private sectors to ensure protected areas provide economic, environmental, social, and cultural benefits both locally and globally,” said John Calvelli, Executive Vice President of Public Affairs, Wildlife Conservation Society. “Thank you to the U.S. Senate bill (S.618) champions Senators Chris Coons (D-Del.) and Lindsey Graham (R-S.C.) for leadership in shepherding the bill through the Senate. Thank you, Senate Foreign Relations Committee Chair Ben Cardin (D-Md.) and Ranking Member James Risch (R-Idaho) for advancing this important bill through committee.”

“Pew is gratified that the committee has acted to advance legislation that by leveraging private and public sector funds will both lead to an increase in protected areas around the world as well as help maintain the long-term management of existing conserved and protected areas globally,” said Tom Dillon, Senior Vice President for Environment, The Pew Charitable Trusts. “The establishment of the foundation would demonstrate U.S. leadership in international conservation, promote sustainable development, and enhance global stability by strengthening partnerships with developing countries and combating activities such as wildlife trafficking and illegal deforestation.”

A text of the bill is available here. 

More information on the U.S. Foundation for International Conservation is available here.

Senator Coons statement on Iranian attacks on Israel

U.S. Senator Chris Coons (D-Del.) issued the following statement after reports of Iranian attacks on Israel:

“President Biden has pledged our full support to defend Israel from attack, and I join him in that determined defense. Iran’s direct attack on Israel with drones and missiles is a brazen escalation that will endanger lives across the Middle East. American forces and our partners are already engaged in helping defend Israel, and I pray that our joint efforts will succeed in minimizing casualties.

“The House should promptly pass this coming week the long delayed national security supplemental to ensure that our Israeli allies have everything they need to defend themselves from attacks by Iran and its proxies.”

Senator Coons, Risch introduce legislation to renew trade partnership between U.S. and sub-Saharan African countries

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and James Risch (R-Idaho) introduced the African Growth and Opportunity Act (AGOA) Renewal and Improvement Act of 2024 today to renew and strengthen a key trade program with sub-Saharan African countries. The African Growth and Opportunity Act is a trade preference program that facilitates deeper investment and stronger commercial ties between the United States and sub-Saharan African countries. First enacted in 2000, AGOA is due to sunset next year. The AGOA Renewal and Improvement Act is cosponsored by Senators Michael Bennet (D-Colo.), Dick Durbin (D-Ill.), Mike Rounds (R-S.D.), Chris Van Hollen (D-Md.), and Todd Young (R-Ind.). 

The AGOA Renewal and Improvement Act would extend AGOA until 2041. This long-term extension would offer businesses the certainty they need to increase investment in sub-Saharan Africa at a time when many firms are looking to diversify supply chains away from China. Sub-Saharan Africa is home to the world’s youngest population and many fast-growing economies, and AGOA has played a critical role in advancing economic development and strengthening U.S. economic engagement in the region.

“Over the past 24 years, AGOA has created jobs and economic growth in one of the fastest-growing regions of the world and created investment opportunities for American businesses,” said Senator Coons. “The AGOA Renewal and Improvement Act is necessary to support continued economic development on the continent while further strengthening ties between the United States and partners in sub-Saharan Africa.” 

“AGOA plays a significant role in U.S.-sub-Saharan Africa trade and investment, as well as in U.S. foreign policy. This bipartisan bill aims to refine AGOA’s eligibility criteria, increase transparency, and hold U.S. agencies accountable for their advice to the president,” said Senator Risch. “This legislation will bolster Congress’ involvement in the eligibility process and oversight, demonstrating a strong commitment to AGOA. I encourage my colleagues to swiftly reauthorize AGOA and the next administration to pursue a broader, two-way strategy with Africa that goes beyond trade preferences and meets the needs of the 21st century.”

The AGOA Renewal and Improvement Act of 2024 will extend AGOA and improve the program to encourage sustainable development, regional integration, and stronger relations between the United States and countries in the region. Among other changes, the bill would:

• Extend AGOA by 16 years, pushing back the program’s expiration from 2025 to 2041. The timeline mirrors the 16-year sunset provision included in the U.S.-Mexico Canada Agreement.
• Streamline the AGOA eligibility review process to ensure that any enforcement action is timely, fair, and clearly communicated.
• Integrate AGOA with the African Continental Free Trade Agreement to support the development of intra-African supply chains.
• Incentivize AGOA beneficiaries to develop a “utilization strategy” to increase exports under the program.

Senator Coons recently returned from a trip to Cabo Verde, Zambia, Angola, Malawi, and Botswana, all of which are AGOA partners. 

A summary of the bill is available here.

The text of the bill is available here.

Senator Coons is Chair of the Senate Appropriations Subcommittee on State and Foreign Operations (SFOPS) and a member of the Senate Foreign Relations Committee. Senator Risch serves as Ranking Member of the Senate Foreign Relations Committee.

Senator Coons statement on Japanese Prime Minister Fumio Kishida’s address to Congress

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement today after Japanese Prime Minister Fumio Kishida addressed a joint meeting of the U.S. Congress:

“Prime Minister Kishida’s heartfelt speech reaffirmed the close diplomatic, economic, and security ties between Japan and the United States and laid the groundwork for future collaboration on everything from countering illiberal regimes to exploring opportunities in artificial intelligence and outer space. Our two countries stand as beacons of freedom, democracy, and the rule of law in the Pacific and around the world and Japan’s increased coordination with the U.S. armed forces demonstrates a commitment to playing a greater role in preserving global peace and stability.

“I applaud Prime Minister Kishida’s eloquent and forceful support of Ukraine, which stems from a shared belief that Russian President Vladimir Putin’s unprovoked invasion of a sovereign nation is a threat to peace far beyond Europe. We must stand together and stop Putin before his actions embolden other anti-democratic regimes throughout the world. I urge my colleagues in the Senate and particularly in the House of Representatives to listen carefully to what Prime Minister Kishida said today and ensure that the United States, along with allies like Japan, remains indispensable to the world.”

Senator Coons is Chair of the Senate Appropriations Committee’s State and Foreign Operations Subcommittee and a member of the Senate Foreign Relations Committee.

Senators Coons, Risch statement on 8th anniversary of CCP detention of Ekpar Asat

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Jim Risch (R-Idaho) issued the following statement on the eighth anniversary of the arbitrary detention of Ekpar Asat:

“Eight years ago, the Chinese Communist Party (CCP) kidnapped Uyghur entrepreneur Ekpar Asat, who has remained wrongfully imprisoned ever since. Ekpar spent multiple years in solitary confinement in Aksu prison camp in China’s Xinjiang Autonomous Uyghur Region, causing severe impacts on his health. We are gravely concerned for Ekpar’s well-being, condemn in the strongest terms his arbitrary detention, and call for his immediate, unconditional release.

“Ekpar is one of the many Uyghurs and other ethnic Muslim minorities in China subject to appalling human rights violations at the hands of the CCP. The United States will not turn a blind eye to the genocide and crimes against humanity being committed against Uyghurs and other Muslim ethnic groups in China. We will continue to fight for their internationally recognized human rights and press for the release of all those wrongfully detained, including Ekpar.” 

The Chinese government has detained more than 1 million Uyghurs since 2017 and continues to pursue a brutal campaign of genocide, crimes against humanity, oppression, and arbitrary detainment against Uyghurs and other ethnic Muslim minorities. Reports indicate that the regional CCP government in Xinjiang has prosecuted over a half-million Uyghurs and others, and continues to subject many more to intense surveillance, religious restrictions, forced labor, and forced sterilizations and abortions. 

ICYMI: Senator Coons highlights Biden’s commitment to Israel on Fox News Sunday

WASHINGTON – In case you missed it, Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, joined Martha MacCallum on Fox News Sunday yesterday, where he discussed President Biden’s support of Israel’s war against Hamas.

Senator Coons highlighted President Biden’s steadfast support for Israel, which includes signing the Senate-approved spending package into law, fully funding the U.S. security commitment of $3.8 billion for Israel. Senator Coons also urged House Speaker Mike Johnson to put the Senate’s supplemental package requested by President Biden up for a vote this week, which would provide $14 billion to Israel, as well as $60 billion in aid for Ukraine and additional humanitarian aid to civilians in Gaza.

Watch the full interview here.

Martha MacCallum: So, we saw hundreds of thousands vote uncommitted against, essentially, President Biden. We’ve heard for quite a while about the tensions that exist within the White House. The President initially said he was rock solid in support of Israel’s efforts here. Have the protestors won at the White House?

Senator Coons: No, let me remind you what just happened. Two weeks ago, President Biden signed into law our annual appropriations bill that includes $3.8 billion dollars in support for Israel. I think this is a tactical disagreement that began with Prime Minister Netanyahu insisting he would go into Rafah. Let me remind you, in Rafah there’s more than a million Palestinian civilians who have fled from the north and the center of Gaza. They are now trapped up with the hard border with Egypt.

And what I’ve been saying and what I believe President Biden has been saying directly to Prime Minister Netanyahu is, before you go in at scale and try to finish the job against Hamas, make sure that you allow for humanitarian aid and for those civilians trapped in Rafah to move out of the way before you conduct this last stage of the ground campaign. That’s what I understand the disagreement to be about.

Martha MacCallum: I want to ask you a quick question about Ukraine. But first I want to ask you this. What do you say to those who say that this move is going to be music to the ears for Hamas and for Iran, and that their ultimate goal of eradicating Israel from the Middle East, if they see the United States pressuring Israel to pull back, will be exactly what they want?

Senator Coons: Well, let’s move on to the supplemental which helps answer that question. The Senate, controlled by Democrats, passed with a big bipartisan margin a supplemental that President Biden requested that includes aid for Ukraine, humanitarian aid and $14 billion in additional support for Israel. It’s been waiting for action by the House for weeks now, and it’s my hope that Speaker Johnson will put it on the floor this week. It will show Iran strong bipartisan determination to continue to support Israel in the face of Iran’s threats if that supplemental passes the House this week.

ICYMI: Spotlight Delaware profile highlights Senator Coons’ bipartisan work in Congress

WASHINGTON – In case you missed it, Spotlight Delaware profiled U.S. Senator Chris Coons (D-Del.), focusing on his role as a bipartisan dealmaker and foreign relations leader ahead of the start of his tenure as Delaware’s senior senator.

As Chair of the Senate Appropriations Subcommittee on State and Foreign Operations, Senator Coons has been a foreign policy leader in the Senate and spoke with Spotlight Delaware shortly after his return from a trip to Southern Africa. He discussed his future role as Delaware’s senior senator, his work as a bipartisan legislator in the Senate, and his support for President Joe Biden.

Focusing on upcoming legislation in the Senate, Senator Coons expressed support for an effort to ban Chinese-controlled TikTok from operating in the United States or force a sale. He’s long supported legislation to increase transparency around social media platforms. 

Spotlight Delaware: From Biden to Gaza, Sen. Coons preps to take Delaware delegation helm

U.S. Sen. Chris Coons has served in elected office in Delaware for more than two decades and today he’s one of the busiest politicians on Capitol Hill, serving as a co-chair of President Joe Biden’s re-election campaign, a rare bipartisan dealmaker and one of the most-traveled legislators overseas.

While most of Delaware’s federal and statewide offices are facing an uncommon round of reshuffling in the fall election, Coons is not on the ballot. He instead is preparing to become the state’s senior senator with the impending retirement of colleague Sen. Tom Carper, and one of the longest tenured state party elders for the Delaware Democratic Party.

…

He also said that he wanted to continue the tradition of collegiality and support in Delaware’s delegation that Carper inherited and fostered. It’s common to see the First State’s two senators and congressperson at events together – a scene that Congressional colleagues often find baffling, Coons said.

“One of the things Delawareans have gotten used to over a long time is that the delegation gets along well. That is not true of most states,” he noted. “In most states, there is open warfare between the senators and the House members, they have sharply different priorities, personalities and agendas … I intend to work hard to make sure we have a cohesive, respectful, deliberate delegation where we all are in regular consultation.”

The full article is available here.  

Senators Carper and Coons, Congresswoman Blunt Rochester, bicameral colleagues file amicus brief urging Supreme Court to affirm that hospitals are required to provide emergency stabilizing care, including abortion care

WASHINGTON – U.S. Senators Tom Carper and Chris Coons and Congresswoman Lisa Blunt Rochester (all D-Del.) joined 255 Members of Congress in submitting an amicus brief to the U.S. Supreme Court in Moyle v. United States and Idaho v. United States, two consolidated cases concerning the Emergency Medical Treatment and Active Labor Act (EMTALA) that the Supreme Court will hear this April. The Emergency Medical Treatment and Active Labor Act is a federal law that requires hospitals that receive Medicare funding to provide necessary “stabilizing treatment” to patients experiencing medical emergencies, which can include abortion care. 

After the Dobbs v. Jackson Women’s Health Organization decision in 2022, a draconian anti-abortion law went into effect in Idaho that makes it a felony for a doctor to terminate a patient’s pregnancy unless it is necessary to prevent the patient’s death. The United States sued the state of Idaho in federal court, arguing that the state’s law is preempted by EMTALA in those circumstances in which abortion may not be necessary to prevent imminent death, but still constitutes the necessary stabilizing treatment for a patient’s emergency medical condition. The district court agreed, ruling EMTALA requires Medicare-participating hospitals to provide abortion as an emergency medical treatment.

In their brief in support of the U.S. Justice Department, the lawmakers ask the Supreme Court to uphold the district court’s ruling. They argue that the congressional intent, text, and history of EMTALA make clear that covered hospitals must provide abortion care when it is the necessary stabilizing treatment.

“[T]he 99th Congress passed EMTALA to ensure that every person who visits a Medicare-funded hospital with an ‘emergency medical condition’ is offered stabilizing treatment,” the Members wrote. “Congress chose broad language for that mandate, requiring hospitals that participate in the Medicare program to provide ‘such treatment as may be required to stabilize the medical condition.’ … That text – untouched by Congress for the past three decades – makes clear that in situations in which a doctor determines that abortion constitutes the ‘[n]ecessary stabilizing treatment’ for a pregnant patient … federal law requires the hospital to offer it. Yet Idaho has made providing that care a felony, in direct contravention of EMTALA’s mandate that it be offered.”

The Members noted that in this case, “respecting the supremacy of federal law is about more than just protecting our system of government; it is about protecting people’s lives. If this Court allows Idaho’s near-total abortion ban to supersede federal law, pregnant patients in Idaho will continue to be denied appropriate medical treatment, placing them at heightened risk for medical complications and severe adverse health outcomes. And health care providers, forced to let Idaho’s abortion law take precedence over their medical judgment about their patients’ best interests, will continue their exile from Idaho, creating maternity-care ‘deserts’ all over the state.” The Members point to numerous reports of OB-GYNs leaving Idaho en masse since the state’s abortion ban went into effect. Idaho has since lost 55% of its maternal-fetal medicine specialists and three rural hospitals have shut down maternity services altogether.

“These are not hypothetical scenarios,” the Members continued. “Because Idaho’s abortion ban contains no clear exceptions for the ‘emergency medical conditions’ covered by EMTALA, physicians are forced to wait until their patients are on the verge of death before providing abortion care. The result in other states with similar laws has been ‘significant maternal morbidity,’” with the Members pointing to harrowing reports of pregnant women with severe health complications being denied necessary abortion care. “Federal law does not allow Idaho to endanger the lives of its residents in this way.”

In their brief, the members also clarify that the references to “unborn child” in EMTALA were intended to expand hospitals’ obligations with respect to providing stabilizing treatment, not to limit them or take away the obligation to provide abortion care in certain circumstances.

The Members’ brief counters an argument from Idaho and its amici that the Supremacy Clause does not apply in this case because EMTALA was passed using Spending Clause authority, and therefore acts only as a condition on Medicare funding. The members make clear that all laws passed by Congress are entitled to the same preemptive effect under the Supremacy Clause – regardless of their source of constitutional authority – and states cannot pass laws that make it impossible for private parties to accept federal funding, inhibiting the purpose of the federal law. 

The lawmakers conclude by asking the Supreme Court to affirm the district court’s decision that EMTALA requires Medicare-participating hospitals to provide abortion care when it is necessary as emergency medical treatment.

In addition to Senators Coons and Carper, the brief was signed by 47 other U.S. Senators, including Chuck Schumer (D-N.Y.), Patty Murray (D-Wash.), Ron Wyden (D-Ore.), Dick Durbin (D-Ill.), Bernie Sanders (I-Vt.), Richard Blumenthal (D-Conn.), Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Sherrod Brown (D-Ohio), Laphonza Butler (D-Calif.), Maria Cantwell (D-Wash.), Ben Cardin (D-Md.), Bob Casey (D-Pa.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), John Fetterman (D-Pa.), Kirsten Gillibrand (D-N.Y.), Maggie Hassan (D-N.H.), Martin Heinrich (D-N.M.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Mark Kelly (D-Ariz.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Bob Menendez (D-N.J.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Kyrsten Sinema (I-Ariz.), Tina Smith (D-Minn.), Debbie Stabenow (D-Mich.), Jon Tester (D-Mont.), Chris Van Hollen (D-Md.), Mark Warner (D-Va.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.)

The brief was signed by 209 Representatives in the U.S. House, including Congresswoman Blunt Rochester.

The full text of the amicus brief can be found here.