Supreme Court hears Idaho abortion ban case

Raquel Martin
·2 min read
11

WASHINGTON (NEXSTAR) – The issue of abortion is back before the Supreme Court.  The justices heard oral arguments on whether Idaho, one of several states that has enacted an abortion ban, can deny women emergency abortions if their lives are not immediately in danger.

Protestors from both sides of this debate gathered outside the court. This is just the second abortion case the court has heard since overturning Roe vs. Wade.

The case directly pits the Biden administration’s interpretation of federal law against Idaho’s abortion ban.

“It’s unthinkable we’ve even gotten to this point,” said Sarah Kolick from Cleveland, Ohio.

Inside, the justices weighed if Idaho can prohibit emergency room doctors from providing abortions if a woman’s life is not immediately at risk.

The Biden administration argued a 1986 federal law known as EMTALA requires emergency room doctors to treat and stabilize patients and abortions are not excluded.

“What Idaho is doing is waiting for women to wait and deteriorate, and suffer the lifelong health consequences, with no upside for the fetus. It just stacks tragedy upon tragedy,” said U.S. Solicitor General Elizabeth Prelogar.

However, Idaho’s attorney general says the state’s abortion ban already makes exceptions when a woman’s life is in danger.

“It protects doctors. It protects women. It protects unborn children,” said Labrador.

He argues the federal government is out of bounds.

“The Biden Administration can’t manipulate one life affirming law in favor of another,” he added.

Where to draw the line between state law vs. federal law appeared to leave some justices torn.

“No, no, no, no, no – there’s more than a controversy,” said Justice Sonia Sotomayor.

Some conservative justices raised concerns about the impact on emergency pregnancy care but stopped short of indicating whether they thought the Idaho law violates federal law.

The Supreme Court opinion is expected in June.

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