Abortion bans still leave a 'gray area' for doctors after Idaho Supreme Court case

Reproductive rights activists demonstrated in front of the Supreme Court in Washington, D.C. on Monday.The Supreme Court’s abortion ruling on Thursday is a narrow one that applies only to Idaho and sends a case back down to the appeals court. Confusion among doctors in states that have strict abortion bans remains widespread.

The federal government has a law known as the Emergency Medical Treatment and Active Labor Act – or EMTALA – which says that anyone who comes into the emergency room must be stabilized before they’re discharged or transferred. The Biden administration argued that should apply, even if the treatment is an abortion, and the patient is in a state that bans abortion with very limited exceptions. The court, in a 6-3 vote, dismissed the case, without ruling on its merits.

Labrador said he has been in touch with doctors and hospitals across the state, and acknowledged doctors were fearful of prosecution. “As long as are exercising a good faith judgment that the condition could lead to death, that life could be in jeopardy, even if it's not immediate, they can perform the abortion.”

For now, she and other OB-GYNs in Idaho have more clarity and legal security when they treat patients facing early pregnancy emergencies, she says, adding that those are always devastating conversations. , and hospitals have been having trouble recruiting new doctors. Three hospitals closed their labor and delivery units in Idaho.Advocates and experts on both sides of the issue expressed frustration and disappointment that the Supreme Court didn’t address the substance of the issues in the case.

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