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A2 UP FRONT
Thursday 27 June 2024
Justices seem set to allow emergency abortions in Idaho for now,

a prematurely posted opinion says

Continued from Front

The finding may not be the
court's final ruling because
the justices' decision has not
been officially released. The
decision would mean the
case would continue at the
9th U.S. Circuit Court, and
could end up back before
the justices.
The Supreme Court may be
reluctant to make an abor-
tion-related decision on the
merits – rather than proce-
dural grounds – in an elec-
tion year, said Greer Donley,
a reproductive law scholar
and professor at the Univer-
sity of Pittsburgh School of
Law.
A new poll from The Asso-
ciated Press-NORC Center
for Public Affairs Research
found that about 7 in 10 U.S.
adults favor protecting ac-
cess to abortions for patients
who are experiencing mis-
carriages or other pregnan-
cy-related emergencies.
The decision would reverse Left to right; Dr. Sara Thompson, an OBGYN provider in ldaho, Jillaine St. Michel, a patient who had to travel out of state to access
the Supreme Court's earlier abortive services, U.S. Health Secretary Xavier Becerra, Lauren McLean, Mayor, City of Boise, Dr. Julie Lyons, LY- UHNZ, St Luke's,
order that allowed an Idaho Blaine County women's health initiative and Family Physician and Dr. Loren Colson, Cofounder, Idaho Coalition for Safe Healthcare
abortion ban to temporarily participate in a conversation with local patients and providers who have been impacted by Idaho's abortion restrictions held at the
go into effect, even in medi- Linen Building in Boise, Idaho, Wednesday, June 26, 2024.
cal emergencies. Several Associated Press
women have since needed for people in every state," law abortion at all stages of being turned away from U.S. loss of reproductive organs,
medical airlifts out of state said general counsel Molly pregnancy with very limited emergency rooms spiked the Justice Department ar-
in cases in which abortion is Meegan. exceptions. after the Supreme Court's gued. Idaho argued that its
routine treatment to avoid The case started when the The case is likely to return to 2022 ruling overturning the exception for a patient's life
infection, hemorrhage and Biden administration sued the Supreme Court again, constitutional right to abor- covers dire health circum-
other dire health risks, Idaho Idaho, arguing that its abor- said Rachel Rebouche, tion, according to federal stances and that the Biden
doctors have said. tion ban conflicted with dean of the Temple Univer- documents obtained by The administration misread the
The nation's top health of- federal healthcare law be- sity Beasley School of Law Associated Press. law to circumvent the state
ficial, Xavier Becerra, held cause doctors wouldn't be and a reproductive law If the high court were to rule ban and expand abortion
a scheduled meeting with allowed to provide abor- scholar. The New Orleans- in Idaho's favor, it would access.
Idaho doctors and pa- tions to stabilize pregnant based 5th U.S. Circuit Court create a "world in which Carol Tobias, president of
tients to discuss the state's patients in rare emergency of Appeals has ruled in a women would have to lose the National Right to Life
strict abortion ban in Boise cases when their health is at similar case that the feder- their reproductive organs," Committee, said his group
Wednesday. Sarah Thomp- serious risk. al law does not take prec- said Sara Rosenbaum, a was glad the Justice De-
son, an Idaho OB/GYN, Idaho argued its ban does edence over an abortion George Washington Uni- partment says its arguments
said that if a woman's wa- allow abortions to save a ban in Texas. versity health law and policy apply to rare cases.
ter breaks early in pregnan- pregnant patient's life and So while the Supreme Court's professor who is an expert Doctors have said Idaho's
cy, when the fetus has no that federal law does not ruling would allow abortion on the federal EMTALA law. law has made them fear-
chance of survival, she is un- require the exceptions to in medical emergencies The Justice Department's ful to perform abortions,
able to treat the patient by expand. The state attorney in Idaho, at least for now, lawsuit came under a fed- even when a pregnancy
delivering the baby early. general's office declined to Rebouche said, "Nearly 38 eral law that requires hospi- is putting a patient's health
"While there's nothing we comment Wednesday. million people live in the 5th tals accepting Medicare to severely at risk. The law re-
can do to save her baby, Katie Daniel, the state policy Circuit. That's a lot of people provide stabilizing care re- quires anyone who is con-
there is something we can director of Susan B. Anthony whose lives aren't changed gardless of a patient's ability victed of performing an
do to preserve her health Pro-Life America, said an at all by this." to pay. The law is the Emer- abortion to be imprisoned
and her future fertility," Idaho state court had ruled Alexis McGill Johnson, gency Medical Treatment for at least two years.
Thompson said. that women's lives don't president and CEO of the and Labor Act, or EMTALA. A federal judge initially
The American College of need to be in immediate Planned Parenthood Feder- Nearly all hospitals accept sided with the Democratic
Obstetricians and Gynecol- danger to act. ation of America, said that Medicare, so emergency administration and ruled
ogists said that it hoped the Most Republican-controlled a decision without explicit room doctors in Idaho and that abortions were legal in
court "listened to the scien- states began enforcing re- guarantees that patients other states with bans would medical emergencies. Af-
tific evidence and medical strictions after the justices could get abortions in medi- have to provide abortions if ter the state appealed, the
experts and will ultimately overturned Roe v. Wade cal emergencies would be needed to stabilize a preg- Supreme Court allowed the
affirm the availability of two years ago, and Idaho "catastrophic." nant patient and avoid seri- law to go fully into effect in
emergency abortion care is among 14 states that out- Reports of pregnant women ous health risks such as the January.q