By Dan Diamond, Ann E. Marimow and Caroline Kitchener, The Washington PostShanae Smith-Cunningham, shown with a box of fertility medication, sought an emergency abortion from Memorial Regional Hospital when she suffered pregnancy complications but was turned away.
The Supreme Court on Wednesday is scheduled to hear arguments over whether the Biden administration has the power to penalize hospitals such as Memorial Regional that fail to provide abortions President Biden speaks at the White House on the 51st anniversary of Roe v. Wade. The Supreme Court will hear arguments Wednesday over whether the administration has the power to penalize hospitals that fail to provide emergency abortions.
Conservatives point to the law itself. The text of the statute requires hospitals to offer “any individual” with an emergency medical condition “such treatment as may be required to stabilize the medical condition.” There is no reference to abortion in the statute or to any other type of care, The case has rattled health experts, particularly after the White House twice lost in federal appeals court, and some Biden officials say they are bracing for defeat at the high court. The outcome will hinge on how narrowly or broadly the justices interpret the text.
The Biden administration also challenged Idaho over its strict abortion law, which took effect after was overturned in June 2022, that bans all abortions except those necessary “to prevent the death of the pregnant woman” and imposes penalties of up to five years on doctors who perform the procedure.
In a separate case in Texas, the conservative U.S. Court of Appeals for the 5th Circuit ruled against the Biden administration, saying Texas hospitals and doctors are not obligated to perform abortions under the federal emergency-care law. One of those hospitals, Memorial Regional, underwent two surprise inspections after its initial October 2023 warning and was told to submit a plan of correction. After reiterating to the hospital in January that it needed to overhaul its emergency operations, federal officials in February said they had determined Memorial Regional had successfully addressed its emergency-care issues and that it was no longer at risk of termination from Medicare.
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