Supreme Court to weigh whether doctors can provide emergency abortions in states with bans

WASHINGTON — Nearly two years after overturning the constitutional right to abortion, the Supreme Court will consider Wednesday how far state bans can extend to women in medical emergencies.

Idaho is one of 14 states that now ban abortion at all stages of pregnancy with limited exceptions. Most Republican-controlled states have started enforcing new bans or restrictions since Roe was overturned, and 22 states filed court papers supporting Idaho. The Supreme Court has allowed the Idaho abortion ban to go into effect, even during emergencies, as the case played out.

Attorneys for the state of Idaho contend the exceptions to its abortion ban do allow for life-saving abortions, as well as treatment for ectopic pregnancies and accidental terminations in emergencies. The state says the Biden administration has overstated healthcare woes to create a backdoor despite the Supreme Court’s 2022 ruling putting abortion in the hands of the states.

Two weeks after Roe was overturned, the Democratic Biden administration put out guidance saying the law requires abortions in emergencies with serious life or health threats. The Biden administration’s reading of the law would open a “’mental health’ loophole for abortion” and allow doctors to make subjective determinations about what constitutes a serious health threat, the state argues. “EMTALA does not require emergency rooms to become abortion enclaves in violation of state law.”

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