Supreme Court justices, wading back into the battle over abortion access, appeared divided on Wednesday in a case pitting Idaho's strict Republican-backed abortion ban against a federal law that ensures that patients can receive emergency care.
Supreme Court justices, wading back into the battle over abortion access, appeared divided on Wednesday in a case pitting Idaho's strict Republican-backed abortion ban against a federal law that ensures that patients can receive emergency care.
Conservative Justice Brett Kavanaugh asked U.S. Solicitor General Elizabeth Prelogar, representing the administration, to respond to Idaho's argument that EMTALA was meant to prevent emergency rooms from "patient dumping" — turning away uninsured patients — instead of addressing "abortion or other specific kinds of care."
The liberal justices posed sharp questions to Joshua Turner, the lawyer for Idaho, who argued that EMTALA can only require emergency care that a state chooses to make available."The whole purpose of preemption is to say that if the state passes a law that violates federal law, the state law is no longer effective," Sotomayor said.
At the same time, EMTALA requires hospitals that receive funding under the federal Medicare program to "stabilize" patients with emergency medical conditions. Hospitals that violate EMTALA can face lawsuits by injured patients, civil fines and potentially the loss of Medicare funding. "One hospital system in Idaho says that right now it's having to transfer pregnant women in medical crisis out of the state about once every other week," Prelogar said. "That's untenable and EMTALA does not countenance it.
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