WASHINGTON — Idaho’s near-total ban on abortion — the subject of a case pending before the Supreme Court — has become part of a complicated debate on what constitutes a medical emergency urgent enough to necessitate an abortion in the aftermath of Roe v. Wade being overturned.

In arguments before the high court Wednesday, the federal government argued that Idaho’s abortion law is preempted by the federal Emergency Medical Treatment and Labor Act, or EMTALA, a 1986 law that requires physicians to provide stabilizing care. But the state of Idaho argues that the federal law does not mention abortion in any capacity. They say the Idaho law also creates exceptions for the life of the pregnant person.

That murkiness — between providing stabilizing care for and saving the life of the pregnant person — has had an impact.

Since the law took effect, at least six women experiencing pregnancy complications in Idaho had to be airlifted to neighboring states for care, U.S. Solicitor General Elizabeth Prelogar told the justices Wednesday. The year prior, when the law was not in effect, only one woman experiencing pregnancy complications had to be airlifted to a neighboring state.

On Wednesday, the justices grappled with that issue, with Justice Sonia Sotomayor noting that Idaho law creates a difference between stabilizing a person with a serious medical condition and a person with a condition which is a “great risk of death to the pregnant person.”

She asked if there will be some women who require abortions but would not be treated with abortions.

“If that hypothetical exists ... yes, Idaho law does say in that case that abortions aren’t allowed,” Joshua Turner, a lawyer for Idaho said, adding, “what I dispute is that there’s a national uniform standard of care that requires a top-down approach.

“Idaho has set its own standard of care,” he added.

Justice Amy Coney Barrett accused the Idaho lawyer of “hedging” and said she was “surprised” that Turner wasn’t 100 percent sure that a doctor could provide lifesaving care to a woman experiencing pregnancy complications, if the treatment required abortion.

She said that she was under the impression that physicians could act as needed.

...continued

©2024 CQ-Roll Call, Inc. Visit at rollcall.com. Distributed by Tribune Content Agency, LLC.