Idaho Law Banning Emergency Abortion Care Faces Supreme Court Challenge

The Supreme Court is set to hear arguments in a case concerning the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to provide stabilizing treatment to anyone who shows up on their doorstep. At issue is whether state laws banning abortion supersede federal law that requires hospitals to provide emergency abortion care. Idaho’s ban on abortion only allows abortions “necessary to prevent the death” of a pregnant woman, not to prevent damage or loss of reproductive organs. The Biden Administration has clarified that EMTALA includes stabilizing abortion care, but Idaho argues that state laws should prevail. The Court’s decision will impact access to emergency abortion care and standard-of-care treatment for pregnant patients in many states.

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