“'Leave it to the states' is the kind of messaging anti-abortion activists and their judicial helpmates love: It sounds clean, neat, reasonable. But when states enact near-total bans, when the federal government somehow loses its authority to block those bans even when they threaten women with serious illness — as Idaho is pushing for here —"
"the reality for all to see is women bleeding out in emergency rooms, pregnant women loaded onto helicopters, doctors sitting back and watching patients writhe in pain until death is closer.
That’s a reality the right-wing justices tried their best Wednesday to both perpetuate and paper over."
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"The oral arguments over Idaho’s abortion ban and whether it trumps federal law that requires hospitals to give pregnant patients emergency medical case may have marked a new low for this court.
It was so bad that even Justice Amy Coney Barrett said she was 'shocked' by the position Idaho was taking."
"Most, if not all, of the states that have severely restricted abortion since Dobbs have seen huge numbers of obstetricians leave their states. A nationwide shortage of gynecologists and obstetricians makes the exodus even more dire. Idaho has lost 22% of its OB-GYNs since 2022. A term has been coined to describe this unforeseen phenomenon: maternity care deserts."
"Almost 7 million American women now have low or no access to maternal health care — that includes an estimated 500,000 births. In the United States. In 2024."
"The risk of stating plainly what Idaho argued at the US supreme court on Wednesday morning is that it is so sadistic and extreme that people might not believe you. Idaho has one of the most restrictive abortion bans in the country."
"Prohibiting all abortions at any stage of gestation, with no exceptions for rape or incest, the Idaho law allows doctors to perform abortions in cases where the life – but not 'merely' the health – of the pregnant woman is at risk.
In practice, this has wound up being a ban on abortions needed to save women’s lives…."
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In some #pregnancy emergencies where #abortion is required, there isn’t even a chance the baby will be born. Where #Idaho may argue that is it providing medical care with lifesaving exceptions, it amounted to a potentially fatal game of semantics that increases the likelihood that places like Idaho become #maternity care deserts.
[NYTimes]: Justice Alito raises the phrase “unborn child” in the federal emergency care law, suggesting it means “the hospital must try to eliminate any immediate threat to the child, but performing an abortion is antithetical to that duty.” The solicitor general says that the phrase “unborn child” refers to situations in which a pregnant woman goes to an emergency room and her pregnancy is in danger but her own health isn’t in danger. ... #idaho#scotus
[NYTimes]: Justice Sotormayor asks Idaho’s lawyer if it’s true that the state’s ban would prevent abortion in a situation where a woman would otherwise lose an organ or have serious medical complications. Idaho’s lawyer admits it would prevent abortion in those circumstances. “Yes, Idaho law does say that abortions in that case aren’t allowed,” he said. By Pam Belluck
The justices heard arguments in an appeal by #Idaho ofcls of a lower court's ruling that found that the 1986 US law at issue, the #EmergencyMedicalTreatment & Labor Act (#EMTALA), supersedes the state's near-total #ban in the relatively rare circumstances when the 2 conflict.
President Joe #Biden's admin, which sued Idaho over the #abortion#law, has urged the justices to uphold that ruling.
US Sol Gen #Prelogar, who argued on behalf of the #Biden admin: "the situation on the ground in #Idaho is showing the devastating consequences" of the conflict between #EMTALA & Idaho's #AbortionBan.
"One #hospital system in Idaho says that right now it's having to transfer #pregnant#women in #medical#crisis out of the state about once every other week. That's untenable & EMTALA does not countenance it."
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