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Supreme Court to hear arguments in Idaho abortion case: Live updates | AP News

Supreme Court to hear arguments in Idaho abortion case: Live updates | AP News



 

The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states that enact abortion bans.

Arguments are set to begin at 10:00 a.m. ET.

Here’s what to know:

  • What is EMTALA?: The federal law at the heart of this case, called the Emergency Medical Treatment and Active Labor Act requires doctors to stabilize or treat any patient who shows up at an emergency room.
  • When will there be a ruling?: The court is expected to issue a decision this summer, though the exact date is unclear.

Emergency rooms refused to treat pregnant women, leaving one to miscarry in a lobby restroom

Sacred Heart Emergency Center is pictured Friday, March 29, 2024, in Houston. Complaints about pregnant women being turned away from emergency rooms spiked in the months after states began enacting strict abortion laws following the 2022 U.S. Supreme Court decision overturning Roe v. Wade. At Sacred Heart Emergency Center in Houston, front desk staff refused to check-in one woman after her husband asked for help delivering her baby. She miscarried in a restroom toilet in the emergency room lobby while her husband called 911 for help. (AP Photo/David J. Phillip)

Sacred Heart Emergency Center is pictured Friday, March 29, 2024, in Houston. At Sacred Heart Emergency Center in Houston, front desk staff refused to check-in one woman after her husband asked for help delivering her baby. She miscarried in a restroom toilet in the emergency room lobby while her husband called 911 for help. (AP Photo/David J. Phillip)

One woman miscarried in the lobby restroom of a Texas emergency room as front desk staff refused to check her in.

Another woman learned that her fetus had no heartbeat at a Florida hospital, the day after a security guard turned her away from the facility.

And in North Carolina, a woman gave birth in a car after an emergency room couldn’t offer an ultrasound. The baby later died.

Complaints that pregnant women were turned away from U.S. emergency rooms spiked in 2022 after the U.S. Supreme Court overturned Roe v. Wade, federal documents obtained by The Associated Press reveal.

The cases raise alarms about the state of emergency pregnancy care in the U.S., especially in states that enacted strict abortion laws and sparked confusion around the treatment doctors can provide.

It’s happened despite federal mandates that the women be treated.

Federal law requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law if they accept Medicare funding.

The case before the Supreme Court today could weaken those protections.

▶ Read more about the state of emergency pregnancy care.


Why is the Supreme Court looking at EMTALA?

Since the Supreme Court overturned the constitutional right to an abortion, President Joe Biden, a Democrat, has repeatedly reminded hospitals that his administration considers an abortion part of the stabilizing care that EMTALA requires facilities to provide.

The administration argues that Idaho’s law prevents ER doctors from offering an abortion if a woman needs one in a medical emergency.

But Idaho’s attorney general has pointed out that EMTALA also requires hospitals to consider the health of the “unborn child” in its treatment, too.

▶ Read more about EMTALA, the patient protection law at the heart of today’s case.


Most Americans support abortion access for pregnancy-related emergencies

Nearly 9 in 10 adults (86%) say they support protecting access to abortion for patients experiencing a miscarriage or other pregnancy-related emergencies, according to a KFF poll conducted in February. About 9 in 10 Democrats and independents, as well as approximately 8 in 10 Republicans, favor access to abortion in these crisis situations.

However, many Americans make a distinction between supporting abortion access in an emergency scenario and guaranteeing a federal right to abortion. The same poll found about two-thirds of Americans back a national right to abortion, including nearly 9 in 10 Democrats. Two-thirds of independents, but just 43% of Republicans, agree.


What is EMTALA?

FILE - A doctor performs an ultrasound scan on a pregnant woman on Aug. 7, 2018, at a hospital in Chicago. Complaints about pregnant women being turned away from emergency rooms spiked in the months after states began enacting strict abortion laws following the 2022 U.S. Supreme Court decision overturning Roe v. Wade. The cases are detailed in federal documents obtained by The Associated Press and raise serious questions about the state of emergency pregnancy care in the U.S. (AP Photo/Teresa Crawford, File)

FILE – A doctor performs an ultrasound scan on a pregnant woman on Aug. 7, 2018, at a hospital in Chicago. (AP Photo/Teresa Crawford, File)

Simply put, the law at the heart of this case requires emergency rooms to offer a medical exam if you present at their facility. The law applies to nearly all emergency rooms — any that accept Medicare funding.

Those emergency rooms are required to stabilize patients if they do have a medical emergency before discharging or transferring them. And if the emergency room doesn’t have the resources or staff to properly treat that patient, staff are required to arrange a medical transfer to another hospital, after they’ve confirmed the facility can accept the patient.

So, for example, if a pregnant woman shows up at an emergency room concerned that she is in labor but there is no OB/GYN on staff, hospital staff cannot simply direct the woman to go elsewhere.

▶ Read more about EMTALA, the patient protection law at the heart of today’s case.


Supreme Court to hear arguments in Idaho abortion case

File - The Supreme Court is seen on Friday, April 21, 2023, in Washington. (AP Photo/Alex Brandon, File)

File – The Supreme Court is seen on Friday, April 21, 2023, in Washington. (AP Photo/Alex Brandon, File)

The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states that enact abortion bans.

The Justice Department has sued Idaho over its abortion law, which only allows a woman to get an abortion when her life — not her health — is at risk. The state law has raised questions about when a doctor is able to provide the stabilizing treatment that federal law requires.

The federal law, called the Emergency Medical Treatment and Active Labor Act, or EMTALA, requires doctors to stabilize or treat any patient who shows up at an emergency room.