A sign taped to a hanger hangs near the Idaho Capitol in Boise after protests against the state over new abortion laws, which effectively banned the procedure.
he U.S. Supreme Court on Wednesday will hear a case on whether Idaho can enforce its near-total abortion ban in medical emergency situations under a federal law that requires most hospitals to treat patients with life-threatening conditions.
The Justices must decide whether they believe Idaho’s law conflicts with the federal EMTALA law. If they do, then the fundamental legal question they will have to consider is whether federal law supersedes state law when the two are in conflict, says Jill Habig, a former legal adviser to Vice President Kamala Harris in the California Attorney General’s office who now runs the Public Rights Project.
Lawyers for Idaho contend that the federal law only requires doctors to administer stabilizing treatments that are"available" at a particular hospital, and since abortion is largely prohibited under state law, it is effectively unavailable. “What we know from the real experiences of patients and medical providers is that doctors are terrified to rely on these exceptions when years of prison time and loss of their medical license are on the line,” Duane says, adding that Idaho’s abortion law could enable state officials to challenge doctors on whether their patient is close enough to death to receive an abortion.
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