Conservative justices dodge and weave in botched Idaho abortion case

Idaho state lawmakers Melissa Wintrow, left, and Ilana Rubel speak outside the Supreme Court as the justices adjudicate an abortion case on April 24. is a botched abortion case — botched from the start by the Supreme Court itself, and the conservative justices are not done yet., pregnant women in Idaho facing severe health consequences but not death unless they obtain an abortion don’t have to be airlifted out of the state to receive appropriate medical care.

And in the interim, because the justices failed to decide, pregnant women in the six other states that have similarly cruel abortion laws, with no exceptions except for the life of the mother, face similar ordeals, with the threat of such consequences as coma, stroke, limb amputation, hysterectomy and organ failure. So this is not a win for pregnant women in agonizing situations — it’s likely just a temporary reprieve, and only for some of them.

A district court preliminarily agreed with the Biden administration and said EMTALA preempts state law in the narrow circumstances of severe threats to maternal health. An all-Trump-appointee panel of the U.S. Court of Appeals for the 9th Circuit disagreed; the full appeals court sided with the district court. So Idaho — before the case was fully litigated — trooped to the Supreme Court.

The reasoning of the six conservative justices was far more troubling. Three — Justice Samuel A. Alito Jr., joined by Justices Clarence Thomas and Neil M. Gorsuch — dissented outright from the decision to dismiss the case.“Far from requiring hospitals to perform abortions,” Alito wrote, “EMTALA’s text unambiguously demands that Medicare-funded hospitals protect the health of both a pregnant womanThis is pure sophistry.

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