In a major hearing on Idaho’s abortion law, Supreme Court Justice Amy Coney Barrett expressed shock at a comment made by the lawyer representing the state. The case centers around Idaho’s abortion ban, which imposes criminal penalties on anyone performing an abortion except in cases where necessary to protect the pregnant woman’s life. The Biden administration has sued, arguing that federal law requires hospitals to provide appropriate emergency room care, which could include abortions.
During Idaho’s rebuttal, attorney Joshua Turner told the court that the decision of whether to perform an abortion in such cases would be made on a “very case-by-case” basis. Justice Barrett interjected, expressing her surprise since she had understood that the state’s own expert had indicated that such cases would be covered.
Justice Barrett pressed Turner further, highlighting the potential for doctors facing prosecution under Idaho law if they determined an abortion was necessary. Turner responded that this would be a matter of “prosecutorial discretion.”
Justice Barrett’s comments underscore the significance of her vote in the case, along with that of Chief Justice John Roberts. Both justices posed challenging questions to Turner and the Biden administration’s lawyer, Elizabeth Prelogar, while their conservative colleagues showed sympathy for Idaho’s arguments.
With the court’s 6-3 conservative majority, the Biden administration needs the support of at least two conservative justices to side with the federal government. Justices Sotomayor, Kagan, and Breyer expressed agreement with Prelogar’s arguments, emphasizing the difficult position faced by doctors and women in Idaho due to the abortion ban.
The Idaho law was enacted in 2020 but only took effect after the Supreme Court overturned Roe v. Wade in 2022. It is one of several abortion-related cases that have come before the court since the fall of Roe.
Abortion has become a key issue in the 2024 presidential campaign, with President Biden criticizing former President Donald Trump for the restrictive laws being implemented in various states. Trump, in turn, has moderated his stance on abortion, expressing support for exceptions in cases of rape, incest, and the life of the mother.
The Supreme Court’s decision in the Idaho case will have significant implications for abortion access in the United States.
