Am. Civil Liberties Union v. Trinity Health Corp. — Apr. 2016 (Summary)

EMTALA STABILIZATION AND CATHOLIC RELIGIOUS DIRECTIVES

Am. Civil Liberties Union v. Trinity Health Corp.
Case No. 15-cv-12611 (E.D. Mich. Apr. 11, 2016)

The United States District Court for the Eastern District of Michigan dismissed a request by the American Civil Liberties Union (“ACLU”) for a declaratory judgment that a corporation that owns and operates Catholic hospitals violates EMTALA and the Rehabilitation Act when its member hospitals adhere to the Ethical and Religious Directives for Health published by the United States Conference of Catholic Bishops, because such adherence prevents patients from receiving termination of pregnancy services that are necessary to stabilize their health conditions.  The ACLU specifically challenged the corporations’ adherence to Directive 45, which states:  “Abortion (that is, the directly intended termination of pregnancy before viability or the directly intended destruction of a viable fetus) is never permitted.”

The district court did not make a decision regarding the substance of the ACLU’s claim.  Instead, it found the ACLU lacked standing to bring the lawsuit, noting the ACLU’s allegation that one of its members was previously denied treatment because of the directive was insufficient to establish standing.  Furthermore, the district court found the ACLU failed to establish that any of its current members would inevitably be at risk of injury, even if pregnant, stating the ACLU had presented no facts as to why this member faced a substantial risk of pregnancy complications requiring early termination of her pregnancy.  Additionally, the district court found the ACLU’s claim was not ripe for review because the civil rights group did not explain specific medical conditions that placed its members at risk of being harmed by Directive 45.