The case comes from Idaho, which is one of 14 states that now ban abortion at all stages of pregnancy with limited exceptions. It marks the first time the Supreme Court has considered a state ban since Roe was reversed.
The Biden administration argues that even in states where abortion is banned, federal health care law says hospitals must be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk. Idaho contends 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 is meant to ensure patients aren’t turned away based on their ability to pay.Doctors have said Idaho’s abortion ban has already affected emergency care.
Anti-abortion groups blame doctors for mishandling maternal emergency cases. Idaho argues the Biden administration overstates health care woes to undermine state abortion laws.The Justice Department originally brought the case against Idaho, arguing the state’s abortion law conflicts with the 1986 Emergency Medical Treatment and Active Labor Act, . It requires hospitals that accept Medicare to provide emergency care to any patient regardless of their ability to pay.
A federal judge initially sided with the administration and ruled that abortions were legal in medical emergencies. After the state appealed, the Supreme Court allowed the law to go fully into effect in January.
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