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

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The decision on abortion that the Supreme Court handed down Thursday was narrow. But confusion for doctors in abortion ban states about how to deal with pregnancy emergencies remains widespread.

Reproductive rights activists demonstrated in front of the Supreme Court in Washington, D.C. on Monday.

“Essentially what we got is not true relief to people in Idaho or in other abortion-banned states,” says Dr. Nisha Verma, an OB-GYN in Atlanta. “There is continued uncertainty, in terms of what is going to happen in the future.”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.

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.

 

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