Executive Order 13952-Protecting Vulnerable Newborn and Infant Children

Executive Order 13952, issued by President Donald J. Trump, is titled "Protecting Vulnerable Newborn and Infant Children." This order directs the Secretary of Health and Human Services to ensure that individuals responsible for programs and activities under the Secretary's jurisdiction that receive federal funding are aware of their obligations under existing federal laws. These laws include the Emergency Medical Treatment and Labor Act (EMTALA), Section 504 of the Rehabilitation Act, and the Born-Alive Infants Protection Act. The order specifically aims to ensure that hospitals with emergency departments, which receive federal funds, provide appropriate medical screening and stabilizing treatment to all infants born alive, including those who are extremely premature or have disabilities. It also states that these individuals should not unlawfully discourage parents from seeking medical treatment for their infant child solely due to a disability.

The order matters because it addresses situations where some hospitals might refuse medical screening or potentially lifesaving treatment to extremely premature or disabled infants, even when parents request it. It reinforces the policy that every infant born alive, regardless of prematurity or disability, has human dignity and inherent worth and is entitled to the same protections under federal law, including meaningful and non-discriminatory access to medical examination and services. Executive orders are a long-established exercise of presidential power, used by every President since George Washington, and are grounded in the Constitution's Article II, which directs the President to "take Care that the Laws be faithfully executed." While executive orders cannot create new law or contradict existing federal statutes, courts can review them to ensure they conform with the Constitution and federal law.

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