SCOTUS Hears Idaho Abortion Law Case

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Facts

  • The US Supreme Court (SCOTUS) Wednesday heard arguments in Moyle v. United States and Idaho v. United States, consolidated cases involving the federal Emergency Medical Treatment and Labor Act (EMTALA) and whether it takes precedence over Idaho's near-total abortion ban.1
  • US Solicitor General Elizabeth Prelogar argued that Idaho's law is 'entirely inconsistent' with EMTALA because it prohibits abortions to prevent imminent death and for life-altering conditions such as infertility and other conditions.2
  • Representing Idaho, attorney Joshua Turner said that the US government is inaccurately interpreting EMTALA to include protecting a pregnant woman's health as well as her life.3
  • Conservative Justices Amy Coney Barrett and Neil Gorsuch asked questions related to how much influence Congress could have over hospitals that receive Medicaid funds. Prelogar said it has 'broad authority.'4
  • Liberal Justice Elena Kagan commented that even when a woman's life isn't 'in peril,' it's not the 'right standard of care' to fly her to a different state for an abortion.5
  • This case will determine EMTALA's relationship to state laws and how future administrations can use it to pursue their desired policies.2

Sources: 1Reuters.com, 2Washington Post, 3Guardian, 4CNN and 5FOX News.

Narratives

  • Democratic narrative, as provided by Huffington Post. SCOTUS must side with the government in order to protect the health of women facing life-threatening pregnancy complications. Republican-led states should also be warned that if this case goes their way, they'll likely face doctor shortages caused by the threat of criminal charges for providing emergency care.
  • Republican narrative, as provided by Fedsoc. EMTALA was written to prevent death and protect the unborn, and the Biden administration's attempt to expand its scope is unconstitutional. SCOTUS can't let the Democratic administration impose its pro-choice views on pro-life states. It's paramount to protect state decisions if those states choose to restrict abortion access.

Predictions