The Supreme Court ruled Thursday that Idaho doctors should be allowed, at least for now, to perform emergency abortions despite the state's near-total ban, to comply with federal law requiring emergency rooms to provide “stabilizing treatments” for patients in critical condition.
In an unsigned opinion, the Court held that writs of certiorari in two cases involving the law were “granted unexpectedly” and vacated stays the Court had granted earlier this year.
The consolidated cases, Moyle v. U.S. and Idaho v. U.S., gained national attention following the high court's 2022 ruling that overturned Roe v. Wade.
SCOTUS WILL HEAR ARGUMENTS IN BIDEN'S LAWSUIT THAT 'SUBVIVES STATES' RIGHTS' ON ABORTION
Abortion rights protesters protest outside the US Supreme Court in Washington, DC, United States, on Friday, June 24, 2022. (Ting Shen/Bloomberg via Getty Images)
Idaho's recently enacted Defense of Life Act makes it a crime for any medical provider to perform an abortion with exceptions for rape, incest, and life of the mother.
He Justice Department argued that state law does not go far enough to allow abortions in more medically emergency circumstances.
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The Justice Department sued the state, saying the federal Emergency Medical Treatment and Labor Act (EMTALA) requires health care providers to provide “stabilizing treatment” – including abortions – to patients when necessary to treat an emergency medical condition, even if doing so would conflict. with a state's abortion restrictions.
The state had argued that “interpreting EMTALA as a federal abortion mandate raises serious questions under the primary issues doctrine that affect both Congress and this Court.” Proponents of state abortion restrictions accused the Biden administration of “subverting states' rights,” citing the Dobb decision that allowed states to regulate abortion access.
This is a developing story. Check back here for more updates.
