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SCOTUS Hears Case on Idaho Abortion Ban, Which Only Allows Emergency Care If Patient Risks Death

HeadlineApr 25, 2024

The U.S. Supreme Court appeared deeply divided as it heard arguments Wednesday on Idaho’s near-total abortion ban. The Biden administration argues Idaho’s law violates the Emergency Medical Treatment and Active Labor Act by only providing emergency abortion care when a patient is facing death. This is U.S. Solicitor General Elizabeth Prelogar.

Elizabeth Prelogar: “Women in Idaho today are not getting treatment. They are getting airlifted out of the state to Salt Lake City and to neighboring states where there are health exceptions in their laws, because the doctors are facing mandatory minimum two years in prison, loss of their license, criminal prosecution. The doctors can’t provide the care, because — until they can conclude that a prosecutor looking over their shoulder won’t second guess that maybe it wasn’t really necessary to prevent death.”

The court’s ruling will have major implications for at least half a dozen other states with similar bans. As arguments were delivered, protesters rallied outside the Supreme Court against the Idaho ban.

Protester: “It clearly states that women don’t matter, that the fetus they carry matters more. They’re conduits instead of people. They’re not even given proper access to health treatment and healthcare that they require.”

The Supreme Court is taking up another major case today as it considers Donald Trump’s claims of immunity against criminal prosecution.

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