essentialsaltes
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- Oct 17, 2011
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Antiabortion states are fighting the Biden Administration over EMTALA, saying it doesn't apply.
What the EMTALA case means for Idaho, abortion bans around the U.S.
Idaho attorneys will go before the U.S. Supreme Court on Wednesday morning in a case that will determine the extent to which the state’s abortion ban applies.
The state is arguing that EMTALA doesn’t supersede state law and that it doesn’t require abortion as a procedure in emergencies.
We still don't know whether EMTALA supersedes state law or state law supersedes EMTALA. SCOTUS dodged, and it's still being litigated in lower courts.Supreme Court allows emergency abortions in Idaho for now
The court opted against deciding whether Idaho’s abortion ban conflicts with a federal law [EMTALA] that sets standards for hospital emergency room care, leaving legal question unresolved.
The court dismissed an appeal brought by Idaho officials, meaning a lower court ruling that allows doctors in the state to perform abortions in emergency situations remains in effect for now.
Justice Ketanji Brown Jackson, who objected to the court failing to decide the case, read her dissenting opinion from the bench, a step justices generally only take when they are particularly disgruntled with the outcome.
"There is simply no good reason not to resolve this conflict now," she wrote.
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