WASHINGTON – The Supreme Court on Wednesday will consider when doctors will be able to perform abortions during medical emergencies in states with bans enacted following the high court’s sweeping ruling that overturned Roe v. Wade. Wade.
The case comes from Idaho, which is one of 14 states that now ban abortion at all stages of pregnancy, with limited exceptions. It’s the first time the Supreme Court has considered a state ban since Roe was overturned.
The Biden administration argues that even in states where abortion is banned, federal health law says hospitals should be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk.
Idaho says its ban has exceptions for life-saving abortions, but allowing it in more medical emergencies would turn hospitals into “abortion enclaves.” The state argues the administration is misusing a health care law that aims to ensure patients are not turned away based on their ability to pay.
The Supreme Court allowed the Idaho law to go into effect even during emergencies as the case unfolded.
Doctors said Idaho’s abortion ban has already affected emergency care. More women whose conditions are typically treated with abortions must now be transported out of state to receive care, as doctors must wait until they are close to death to perform abortions within the limits of state law.
Meanwhile, complaints from pregnant women turned away in US emergency rooms increased after the Supreme Court overturned Roe v. Wade. Wade, according to federal documents obtained by The Associated Press.
Anti-abortion groups blame doctors for mishandling maternal emergency cases. Idaho argues that the Biden administration exaggerates health problems to undermine state abortion laws.
The justices also heard another abortion case during this period, seeking to restrict access to abortion medications. The case remains pending, although judges generally appear skeptical of the push.
The Justice Department originally brought the case against Idaho, arguing that the state’s abortion law conflicts with the Emergency Medical Treatment and Active Labor Act of 1986, known as EMTALA. Requires hospitals that accept Medicare to provide emergency care to any patient, regardless of ability to pay. Almost all hospitals accept Medicare.
A federal judge initially sided with the administration and ruled that abortion was legal in medical emergencies. After the state appealed, the Supreme Court allowed the law to take full effect in January.
The Supreme Court is expected to rule by the end of June.
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