The Supreme Court will consider arguments on Wednesday in a case that could determine the scope of abortion access in states with bans following the overturning of Roe v. Wade. The case originates from Idaho, one of 14 states that prohibit abortion at all stages of pregnancy with limited exceptions.
The Biden administration contends that federal health care law overrides such bans in medical emergencies where the patient’s life or health is in jeopardy. Idaho maintains that its ban includes exceptions for life-saving abortions but argues that expanding such exceptions would transform hospitals into sanctuaries for abortions.
The court’s ruling, expected by the end of June, could have significant implications for maternal healthcare and access to abortion.
Idaho’s abortion ban has already affected emergency care, according to doctors. More women whose conditions are typically treated with abortions must now be flown out of state for care, since doctors must wait until they are close to death to provide abortions within the bounds of state law.
Meanwhile, complaints of pregnant women being turned away from U.S. emergency rooms spiked after the Supreme Court overturned Roe v. Wade, according to federal documents obtained by The Associated Press. Anti-abortion groups blame doctors for mishandling maternal emergency cases.
The Justice Department originally brought the case against Idaho, arguing the state’s abortion law conflicts with the 1986 Emergency Medical Treatment and Active Labor Act, known as EMTALA. It requires hospitals that accept Medicare to provide emergency care to any patient regardless of their ability to pay. Nearly all hospitals accept Medicare.
A federal judge initially sided with the administration and ruled that abortions were legal in medical emergencies. After the state appealed, the Supreme Court allowed the law to go fully into effect in January.
