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Here’s What’s Happening In The Idaho Abortion Case At The Supreme Court


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The Daily Wire

Idaho bans most abortions.
Mairead Elordi
Apr 24, 2024

The Supreme Court is considering a challenge to Idaho’s abortion ban this week, the first time the court has considered whether a state abortion ban is constitutional since the demise of Roe v. Wade.

The court heard oral arguments on Wednesday in a case known as Moyle v. United States, which deals with whether Idaho emergency room doctors are required by federal law to perform abortions to stabilize pregnant women in medical crises.

Idaho bans all abortions except to save the life of the mother or in cases of rape and incest. Doctors who perform abortions can face criminal penalties, including up to five years in prison and the loss of their medical license.

The Biden administration is arguing that Idaho’s abortion ban flies in the face of a federal law, the 1986 Emergency Medical Treatment & Labor Act, known as EMTALA, which requires hospitals receiving federal funds to provide patients with stabilizing care. Hospitals that flout the law are at risk of losing their Medicare funding.

The federal law requires hospitals to care for people with an “emergency medical condition,” including pregnant women in situations where “the absence of immediate medical attention could reasonably be expected to result in” putting “the health of the woman or her unborn child” in “serious jeopardy.”

The administration claims the federal law should override Idaho’s abortion ban since, in some cases, stabilizing care will mean an emergency room abortion.

(Snip)

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