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Politico
POLITICO
5 Jan 2024
Alice Miranda Ollstein


NextImg:Supreme Court to decide whether hospitals must provide life-saving abortions

The U.S. Supreme Court is, once again, wading into abortion law.

The justices on Friday agreed to hear arguments later this year over whether the federal government can require emergency room physicians to perform abortions when the procedure is needed to stabilize a patient.

The high court’s order also temporarily freezes a lower court decision that blocked enforcement of Idaho’s near-total abortion ban in emergency circumstances. The Idaho law said doctors who provided abortions to stabilize a patient in the emergency room could be prosecuted even as the Biden administration said federal law required those patients be treated.

After submitting a petition to the Supreme Court more than a month ago, Idaho officials again asked the justices to take the case earlier this week, arguing in a letter that “nearly identical questions” face other states, including Texas, which is in a fight with the federal government over whether state abortion bans or federal protections for emergency care have priority.

The 5th U.S. Circuit Court of Appeals ruled for Texas earlier this week, saying the decades-old Emergency Medical Treatment & Labor Act (EMTALA) should not compel doctors in the state to offer abortions when a patient’s life or health is in jeopardy.

Idaho’s similar case is pending before the 9th U.S. Circuit Court of Appeals, which has arguments scheduled for later this month. But the state decided to leapfrog that panel to take their arguments to the Supreme Court.