WASHINGTON — Supreme Court justices raised questions Wednesday about whether state bans on abortions during medical emergencies conflict with federal healthcare law after the sweeping ruling overturning Roe v. Wade.
“Within these rare cases, there’s a significant number where the woman’s life is not in peril, but she’s going to lose her reproductive organs. She’s going to lose the ability to have children in the future unless an abortion takes place,” said Justice Elena Kagan. 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 Biden 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. More women whose conditions are typically treated with abortions must now be flown out of state for care, since doctors must wait until they are close to death to provide abortions within the bounds of state law.
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