United States: On Thursday, a case concerning Idaho’s ultra-conservative abortion law was officially thrown out by the Supreme Court, thus preventing the state from enforcing the law where it violates federal law.
Under Thursday’s ruling, it was inadmissible for the state to refuse an abortion to save the life of the pregnant person, at least while the case makes its way through the courts.
Justice Ketanji Brown Jackson said while sharing an opinion, “Today’s decision is not a victory for pregnant patients in Idaho,” and, “It is a delay.” “Storm clouds loom ahead,” as CNN Health reported.
More about Idaho’s strict ban
Idaho’s strict law outright prohibits the practice of most abortions and does not permit a doctor who is licensed in Idaho to abort even if a patient’s life is in peril due to the pregnancy in most instances.
The Biden administration said the law is unlawful under the federal Emergency Medical Treatment and Labor Act, or EMTALA.
EMTALA mandates all those American hospitals that have entered a Medicare deal and all of these centers accept federal subsidies, therefore requiring them to assess any and every patient that turns up at their ER to see whether the person has an emergency medical condition regardless of whether he or she is financially capable of paying for the services.
The Act passed in 1986 demands that hospitals admit anyone with an emergency medical condition and, if possible, stabilize them or transfer them to a facility capable of doing so, CNN Health reported.
The court said the hospitals must allow the treatment of these patients “until the emergency medical condition is resolved or stabilized.”
Pregnant people were targeted under the law in 1989 following reports that some hospitals were denying health services to uninsured women in labor.
Congress enlarged EMTALA to let it detail how the legislation applied to a woman presenting with pregnancy and contractions.
In 2021, the Biden administration issued the Reinforcement of EMTALA Obligation, which asserts that the doctor’s obligation concerning the stabilizing treatment “preempts any directly conflicting state law or mandated that might otherwise prohibit or prevent such treatment,” however, it was not clear whether abortion has to be included.
Specifically, in July 2022, the Biden administration’s new guidelines stated that EMTALA entails ensuring the provision of the necessary stabilization abortion care if a patient presents with an emergency medical condition.
What do Supreme Court orders imply?
The Supreme Court decision is that a hospital has to perform an abortion if the need arises due to a medical emergency, even in states that have banned or restricted the procedure and do not include the provision for the mother’s health as far as the case is undergoing the courts.
But the move would only delay the issue, according to Molly Meegan, the chief legal officer at the American College of Obstetricians and Gynecologists (ACOG) – an umbrella body that is a parent to the majority of practicing ob-gyns in the United States of America.
She said, “It doesn’t solve the problem at all. In fact, pregnant patients are still trying to obtain care and unable to get it, and physicians are trying to provide care without clear parameters and with draconian criminal penalties hanging over their heads if they get the question wrong,” as CNN Health reported.