The Supreme Court will hear arguments on Wednesday regarding the legality of state abortion bans in cases of medical emergencies following the overturn of Roe v. Wade. The case originates from Idaho, one of 14 states that have enacted abortion bans at all stages of pregnancy with limited exceptions. This marks the first time the Supreme Court will consider a state abortion ban since Roe was reversed.
The Biden administration maintains that even in states where abortion is prohibited, federal health care law mandates that hospitals provide abortions in rare emergencies where the patient’s life or health is at serious risk. Idaho, however, contends that its ban includes exceptions for life-saving abortions and that allowing abortions in more medical emergencies would transform hospitals into “abortion enclaves.” The state argues that the administration is misinterpreting the health care law, which is intended to ensure that patients are not denied care based on their ability to pay.
The Supreme Court allowed Idaho’s abortion ban to go into effect, including during emergencies. Doctors have reported that the ban has impacted emergency care, as women with conditions typically treated with abortions are now required to seek care out of state. Reports have also emerged of pregnant women being turned away from U.S. emergency rooms after the overturn of Roe v. Wade.
Anti-abortion groups have accused doctors of mishandling maternal emergency cases. Idaho claims that the Biden administration is exaggerating health care concerns to undermine state abortion laws.
The Supreme Court previously heard another abortion case this term, which sought to restrict access to medication abortion. That case is still pending, although the justices appeared skeptical of the proposed restrictions.
The Justice Department initiated the lawsuit against Idaho, arguing that the state’s abortion law conflicts with the 1986 Emergency Medical Treatment and Active Labor Act. This law requires hospitals that accept Medicare to provide emergency care to all patients regardless of their ability to pay. Almost all hospitals in the United States accept Medicare.
A federal judge initially ruled in favor of the administration, declaring that abortions were legal in medical emergencies. The state appealed, and the Supreme Court permitted the law to take full effect in January. The Court is anticipated to issue its ruling by the end of June.
