Justice Elena Kagan took direct aim at her conservative colleague Justice Samuel Alito in an opinion Thursday on Idaho’s near-totalThe Idaho case ended up being an unusual one: The court dismissed it as being “improvidently granted” without ruling on the actual issue of abortion. The upshot was a slight win for reproductive rights advocates, allowing emergency abortions in the state of Idaho — for now.
“That view has no basis in the statute,” she said. “EMTALA unambiguously requires that a Medicare-funded hospital provide whatever medical treatment is necessary to stabilize a health emergency — and an abortion, in rare situations, is such a treatment.” Justice Ketanji Brown Jackson also seemed to take aim at her conservative colleagues, writing that some of them “latch onto the bald representations of Idaho’s counsel.”
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