The Supreme Court heard arguments this week about the legality of Idaho’s near-total abortion ban, which criminalizes the procedure in all circumstances unless the life of the parent is at risk. It’s the first such case to reach the high court since the conservative majority overturned Roe v. Wade in 2022. A key issue is whether a state ban can take precedence over the federal right to receive emergency care, including an abortion. The Biden administration argued that Idaho’s law violates the Emergency Medical Treatment and Active Labor Act, or EMTALA. If the justices side with Idaho, it could have major implications for reproductive care and worsen racial disparities for healthcare in at least half a dozen other states with similar bans. “People are going to die,” warns Karen Thompson, legal director of the nonprofit advocacy group Pregnancy Justice. “They are going to be bleeding out in hospital rooms. They’re going to be dying from sepsis because doctors are not going to be able to make the choices that they need to make to give people the care that will save their lives in these emergency situations.”
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