, focused on Idaho’s near-total abortion ban, which first went into effect in August 2022. The justices debated whether the narrow exceptions in Idaho’s ban override federally mandated requirements for physicians under the Emergency Medical Treatment and Labor Act. EMTALA requires hospitals that participate in Medicare — the majority of hospitals in the country — to offer abortion care if it’s necessary to stabilize the health of a pregnant patient while they’re experiencing a medical emergency.
Justice Sonia Sotomayor focused on whether EMTALA, a federal regulation, preempts state law — a critical point that the court spent a large amount of time on. Under the Supremacy Clause of the Constitution, federal law by default overrides state law. But the Supreme Court’s Dobbs decision left regulation of abortion to the states.
The justices also brought up the impacts of a potential ruling outside Idaho. States including Texas and South Dakota currently have near-total abortion bans in effect that have exceptions for the life of the pregnant person but not the health of the pregnant person — directly conflicting with EMTALA. There have beenIdaho has lost nearly a quarter of its OB-GYNs and 55% of its maternal-fetal health specialists.
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