The Supreme Court ruled Thursday that, at least for now, Idaho doctors should be allowed to perform emergency abortions to comply with a federal law that requires emergency rooms to provide “stabilizing care” to seriously ill patients, despite the state’s near-total ban on abortions.
In an unsigned opinion, the court found that appeals orders in two cases involving the law were “improperly issued” and voided stays issued by the court earlier this year.
The consolidated cases, Moyle v. United States and Idaho v. United States, attracted national attention following the Supreme Court’s 2022 decision to overturn Roe v. Wade.
Supreme Court to hear arguments in Biden lawsuit that ‘violates states’ rights’ on abortion
Pro-abortion rights demonstrators protest outside the U.S. Supreme Court in Washington, DC, United States, Friday, June 24, 2022. (Ting Sheng/Bloomberg via Getty Images)
Idaho’s new defense-of-life law criminalizes abortion by any medical provider except in cases of rape, incest or endangering the mother’s life.
of Department of Justice They argued that state law does not go far enough to allow abortions in more urgent medical circumstances.
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The Department of Justice sued the states, arguing that the federal Emergency Medical Treatment and Labor Act (EMTALA) requires health care providers to provide patients with “stabilizing treatment” (which includes abortions) if it is necessary to treat an emergency medical condition, even if that treatment may conflict with state abortion restrictions.
The state argued that “interpreting EMTALA as a federal mandate for abortion raises significant questions under primary issue doctrines affecting both Congress and this Court.” Supporters of state abortion restrictions have cited the Dobbs decision, which allows states to regulate abortion access, and accused the Biden administration of “subverting states’ rights.”
This is a developing story, check back here for updates.
