Supreme Court to hear emergency abortion dispute out of Idaho (Amy Howe)

[sl8]

https://www.scotusblog.com/2024/04/supreme-court-to-hear-emergency-abortion-dispute-out-of-idaho/

CASE PREVIEW

Supreme Court to hear emergency abortion dispute out of Idaho

By Amy Howe
on Apr 23, 2024 at 4:32 pm

Less than a month after the justices heard oral arguments in a case seeking to roll back access to one of the drugs used in medication abortions, the Supreme Court will hear oral arguments on Wednesday in another case involving abortion. At issue in Moyle v. United States and Idaho v. United States is whether emergency rooms in Idaho can provide abortions to pregnant women in an emergency. The Biden administration contends that a federal law known as the Emergency Medical Treatment and Labor Act can in some narrow circumstances trump a state law that criminalizes most abortions in the state. The state rejects the government’s interpretation of EMTALA as “an exercise of raw executive power,” while its Republican legislature condemns it as “an intolerable federal power grab.” They counter that the law does not require physicians to provide specific medical treatments, much less requires hospitals to perform abortions.

The case before the court on Wednesday began nearly two years ago in a federal court in Idaho. In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning the constitutional right to an abortion, the Biden administration argued that EMTALA – which requires emergency rooms that participate in Medicare to provide “necessary stabilizing treatment” – supersedes an Idaho law that makes it a crime to provide an abortion except in a handful of narrow circumstances, including to save the life of the mother or in cases of rape or incest.

U.S. District Judge B. Lynn Winmill agreed with the Biden administration. One day before the ldaho law was scheduled to take effect in late August 2022, he issued an order that prohibited Idaho from enforcing the ban to the extent that it conflicted with EMTALA. Over a dissent by four judges, the full U.S. Court of Appeals for the 9th Circuit rejected the state’s request to put Winmill’s ruling on hold while its appeal proceeded.

The state and its Republican-controlled legislature, which had joined the case to defend the law, then came to the Supreme Court, which in early January agreed to both put Winmill’s order on hold temporarily and to take up the case on the merits and hear oral argument.

[...]

[mahatmakanejeeves]

1. This will be starting in a few minutes.

C-Span identifies the person speaking. They say "watch," but they mean "listen." This is audio only.

WATCH LIVE ON APRIL 24 | 10:02AM ET | C-SPAN

Moyle v. United States Oral Arugment
Supreme Court hears oral argument in Moyle v. United States, a consolidated case on whether a federal law allowing for emergency abortion health care at hospitals preempts Idaho’s ban on nearly all abortions.

[pfitz59]

2. SCrOTUS to POTUS

'Screw the life of the mother! Let her suffer and die.'

[boston bean]

3. I thought the Dobbs ruling was suppose to stop the litigation of these issues per the cons.

Bunch of fucking assholes. Wrong on everything.

[Karma13612]

4. EMTALA should win. Not sure it will, of course.

This is ridiculous.

When a woman presents to the ER, because she is bleeding out or SEPTIC, she is not requesting an abortion. She is pleading for her life.

Those opposing this logic are just intent on imposing their anti-abortion stance. They are being obtuse and cruel.

And no one has objected to EMTALA as a naked power grab before we lost Roe, when it was used to help a woman in an emergent state of miscarriage.

Talk about a miscarriage. This is a miscarriage of justice.

CAFM

[mahatmakanejeeves]

5. CNN: Live: Supreme Court hears case about emergency abortion care

Live: Supreme Court hears case about emergency abortion care
LIVE UPDATES
Supreme Court hears case about emergency abortion care

By CNN's Tierney Sneed, John Fritze, Hannah Rabinowitz, Jen Christensen and Holmes Lybrand
Updated 10:20 a.m. ET, April 24, 2024

{snip}

Regional News
Idaho AG's office asks Supreme Court to rule in abortion case

Spokane Public Radio | By Brandon Hollingsworth
Published January 5, 2024 at 5:00 AM PST

Idaho Attorney General Raul Labrador urged the U.S. Supreme Court this week to step in and decide a case involving the state's near-total abortion ban.

In a letter to the court Wednesday, acting state Solicitor General Joshua Turner argued a recent federal circuit court decision out of Texas supports Idaho’s interpretation of a federal law called EMTALA, which requires most hospitals to provide emergency care to stabilize a patient.

{snip}

Even Amy Coney Barrett is raking Josh Turner over the coals.