Supreme Court squandered a chance to protect medically necessary abortions

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The Supreme Court could have ruled on whether Idaho abortion law violates the federal Emergency Medical Treatment and Labor Act. But instead the justices punted, throwing the case back to federal courts.

For the time being, a pregnant woman in Idaho no longer has to be near death before she can get a medically necessary emergency abortion. The Supreme Court on Thursday put back in place an injunction from a lower court that blocks a draconian portion of Idaho’s abortion ban which only allows emergency abortions to prevent a pregnant person’s death. While it’s a relief that the Supreme Court is blocking the worst part of this law, it's appalling that such restrictions will continue to exist.

The justices had an opportunity to protect women in all states with harsh abortion bans that leave it unclear whether doctors may perform the procedure in an emergency. “This Court had a chance to bring clarity and certainty to this tragic situation, and we have squandered it,” Justice Ketanji Brown Jackson wrote in a blistering opinion. “And for as long as we refuse to declare what the law requires, pregnant patients in Idaho, Texas, and elsewhere will be paying the price.

 

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