The Supreme Court appears ready to rule that hospitals in Idaho may provide medically necessary abortions to stabilize patients at least for now, despite the state’s strict abortion law, according to a copy of the opinion that was briefly posted on Wednesday to the court’s website and obtainedThe document suggests that a 6-3 ruling from the court will reinstate a lower court's order to allow Idaho emergency rooms to provide abortions that save a woman's health as the broader legal case...
Those emergency rooms are required to stabilize patients if they do have a medical emergency before discharging or transferring them. And if the ER doesn’t have the resources or staff to properly treat that patient, staff members are required to arrange a medical transfer to another hospital, after they’ve confirmed the facility can accept the patient.
Usually, however, the federal government issues fines when a hospital violates EMTALA. They can add up to hundreds of thousands of dollars.Since the Supreme Court overturned the constitutional right to an abortion, President Joe Biden, a Democrat, has repeatedly reminded hospitals that his administration considers an abortion part of the stabilizing care that EMTALA requires facilities to provide.
The prominent anti-abortion group Susan B. Anthony Pro-Life America has called the lawsuit in Idaho a “PR stunt."
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