The Supreme Court’s EMTALA Ruling Leaves U.S. Women at Risk

The Court refused to rule on the underlying question: Must state abortion bans provide an exemption when a woman’s health is at risk, not only her life? Instead it punted the issue to a more politically convenient time.

The SCOTUS case is a consolidation of two cases regarding Idaho’s near-total ban on abortion: one originally filed by Biden,, which ruled the federal Emergency Medical Treatment and Labor Act preempted the state-level ban; and another brought by Idaho legislators,, challenging a Ninth Circuit decision to allow a district court’s decision to prohibit the ban from going into effect while the case is on appeal.

In another concurring opinion joined in full by Justice Sonia Sotomayor and in part by Justice Jackson, Justice Elena Kagan said the Court’s decision “will prevent Idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman’s health.”It may be that the decision was a compromise between the three liberals and the three conservatives.

Alito, joined by Thomas and Gorsuch, disagreed, calling the case “easy but emotional and highly politicized” in their dissent.that ban abortion do not have exceptions for the health of pregnant women. The Supreme Court ruling would only apply to Idaho, while the case is being appealed. The fact that this outcome is being spun by some media outlets as a victory is a testament to how much ground women have lost in America in just the last two years. This decision perpetuates the legal uncertainty and reign of terror created by anti-abortion extremists.

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