In Supreme Court abortion arguments, Justice Alito pressed ‘unborn child’ concern

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

The Supreme Court heard its latest post-Dobbs abortion argument Wednesday. The case with national implications stems from Idaho’s near-total ban, which conflicts with a federal law protecting emergency medical care. The promise of that federal law, U.S. Solicitor General Elizabeth Prelogar told the justices, is the “simple but profound” one that “no one who comes to an emergency room in need of urgent treatment should be denied necessary stabilizing care.

“There were well-publicized cases where women were experiencing conditions, their own health and life were not in danger, but the fetus was in grave distress and hospitals weren’t treating them,” she said. The solicitor general went on to observe: Alito’s remarks raised the prospect of what’s known as “fetal personhood,” a notion that would give rights to fetuses.

 

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