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Thursday — but paved the way for Republican-led states to challenge the mandate — and the decision is a win for religious liberty, affirming that pro-life doctors cannot be forced to participate in abortion.
In a 9-0 opinion, the Supreme Court held that the pro-life doctors lacked standing to sue and thus did not decide whether or not the regulation is illegal. Anti-abortion advocates demonstrate prior to an Arizona House of Representatives session at the Arizona State Capitol on April 17, 2024, in Phoenix, Arizona.
The court recounted the basic constitutional framework for a plaintiff to have standing to sue in federal court: “By requiring the plaintiff to show an injury in fact, Article III standing screens out plaintiffs who might have only a general legal, moral, ideological, or policy objection to a particular government action,” he added. “For example, a citizen does not have standing to challenge a government regulation simply because the plaintiff believes that the government is acting illegally.
Then the opinion shifted gears, delivering a significant win for religious liberty regarding EMTALA, which is the federal law requiring emergency rooms to provide medical care with regard to the patient’s ability to pay. The pro-life doctors here expressed concern that the abortion pill mandate could force them to give these pills in the ER.
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