Copyright 2024 The Associated Press. All rights reserved.bans that have been enacted since the court upended the Roe v. Wade constitutional right to abortion. While the current case involves an Idaho abortion ban, the court’s ruling could have implications beyond that state.
Solicitor General Elizabeth Prelogar, arguing for the Biden administration, cautioned that other states could pass laws limiting how emergency rooms offer other services, which could mean trouble for more patients when they go to a hospital. Barrett, one of the conservatives who voted to overturn Roe v. Wade, pressed Turner on when a prosecutor might bring charges against a doctor for providing an abortion. Experts whom Turner had cited, Barrett said, had told the court that doctors who performed abortions in those cases would be protected.
“Does health mean only physical health or does it also mean mental health?” Alito asked Prelogar, noting that he was trying to get her on the record about it if future incidents arise. “The text of the statute which says in no uncertain terms, here is the fundamental guarantee: If you have an emergency medical condition and you go to an ER in this country, they have to stabilize you,” Prelogar said.
That means at least five members of the court voted to put on hold a lower court’s ruling that the federal law overrides Idaho’s abortion ban in medical emergencies. So the Biden administration was facing a tough road in persuading the court to uphold that ruling.
Sonia Sotomayor Health Amy Coney Barrett
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