Idaho's abortion rules too tough to comply with federal health law, supreme court told
The Guardian|April 25, 2024
The US supreme court faced its second judgment on abortion rights in the space of a month yesterday, as judges prepared to rule whether the state of Idaho's tough rules on the procedure breached a federal law.
Carter Sherman
Idaho's abortion rules too tough to comply with federal health law, supreme court told
 

The Biden administration has sued Idaho, arguing that because the state only permits abortions in medical emergencies if a woman's life is at risk, it demands a higher threshold than the Emergency Medical Treatment and Active Labor Act, or Emtala.

As the court debated the second abortion case it has faced since the overturning of Roe v Wade, which granted the right to abortion across the US, the court's three liberal judges seemed inclined to rule in favour of abortion rights. The intentions of the court's six conservative justices were, however, less clear from the tenor of the hearing.

Much of the two-hour argument dealt with the real-life consequences of bans such as Idaho's. Elizabeth Prelogar, the US solicitor general, emphasised the danger now facing women who show up in crisis at Idaho emergency rooms.

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