SCOTUS Sheepishly Admits It Shouldn’t Have Taken Emergency Abortion Case

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Emergency care will be restored in Idaho, but it “is not a victory for pregnant patients” Justice Brown Jackson writes

— even if that meant forcing women to carry dangerous, ill-fated pregnancies to term — the court doubled-down on that decision, stepping in to ensure Idaho could continue denying abortions to patients whose pregnancies put their health at risk.

Idaho’s Republican attorney general, Raúl Labrador, argued: “The federal government cannot use EMTALA to override in the emergency room state laws about abortion any more than it can use it to override state law on organ transplants or marijuana use.” , a far-right Christian nonprofit, to assist his office with the EMTALA case.

Jackson takes a shot at Barrett et al, writing that their rationale that the hearing was “improvidently granted” should be reserved for cases in which circumstances “were not fully apprehended” at the time, rather than “turned into a tool for the court to use to avoid issues that it does not wish to decide.”

 

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