(Washington Post, Jan. 6, 2024)
The Supreme Court said Friday it will review a case challenging Idaho’s strict abortion ban.
The Biden administration sued Idaho last year, arguing that its ban did not provide enough leeway for physicians to perform abortions in emergency situations for pregnant patients experiencing complications. Federal law protects patients not only from imminent death but also from emergencies that seriously threaten their health, Solicitor General Elizabeth B. Prelogar told the justices in a court filing.
The Emergency Medical Treatment and Active Labor Act was passed nearly 40 years ago to ensure that hospitals receiving Medicare funds treat or transfer patients with emergency medical conditions. In July 2022, the U.S. Department of Health and Human Service issued new guidance to hospitals saying that the 1986 law requires health-stabilizing treatment for all patients, even if that treatment is an abortion.