Leave your feedback Share Copy URL https://www.pbs.org/newshour/politics/read-the-supreme-court-ruling-on-emergency-abortions-in-idaho Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter Read the Supreme Court ruling on emergency abortions in Idaho Politics Jun 27, 2024 11:42 AM EDT A 6-3 Supreme Court decision released Thursday allows Idaho doctors discretion to perform emergency abortions while the current law says it is only permissible to save the life of a pregnant patient. A draft of the largely procedural ruling was briefly posted to the court’s website a day before the decision was released. Read the full decision by clicking the image below. The decision, which reinstated a lower court ruling, did not weigh in on whether doctors should be allowed to perform emergency abortions, meaning that question may come before the court again. The case aimed at resolving the conflict between Idaho’s state law that bans abortion in almost all cases and the federal Emergency Medical Treatment and Active Labor Act, which requires that hospitals that receive Medicaid and Medicare funds take measures to preserve the life and health of patients in the emergency department. WATCH: How a draft opinion on Idaho’s abortion ban was mistakenly posted by the Supreme Court In a concurring opinion, Justice Elena Kagan noted the gulf between the Idaho law and federal law. “What falls in the gap between them are cases in which continuing a pregnancy does not put a woman’s life in danger, but still places her at risk of grave health consequences, including loss of fertility,” Kagan wrote. “In that situation, federal law requires a hospital to offer an abortion, whereas Idaho law prohibits that emergency care. And the record shows that, as a matter of medical reality, such cases exist.” “This months-long catastrophe was completely unnecessary. More to the point, it directly violated federal law,” wrote Justice Ketanji Brown Jackson in a separate opinion. LISTEN: Supreme Court hears arguments on Idaho abortion ban Justice Samuel Alito’s dissent criticized the majority for changing course from a few months ago. “Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents. That is regrettable,” he wrote. We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now
A 6-3 Supreme Court decision released Thursday allows Idaho doctors discretion to perform emergency abortions while the current law says it is only permissible to save the life of a pregnant patient. A draft of the largely procedural ruling was briefly posted to the court’s website a day before the decision was released. Read the full decision by clicking the image below. The decision, which reinstated a lower court ruling, did not weigh in on whether doctors should be allowed to perform emergency abortions, meaning that question may come before the court again. The case aimed at resolving the conflict between Idaho’s state law that bans abortion in almost all cases and the federal Emergency Medical Treatment and Active Labor Act, which requires that hospitals that receive Medicaid and Medicare funds take measures to preserve the life and health of patients in the emergency department. WATCH: How a draft opinion on Idaho’s abortion ban was mistakenly posted by the Supreme Court In a concurring opinion, Justice Elena Kagan noted the gulf between the Idaho law and federal law. “What falls in the gap between them are cases in which continuing a pregnancy does not put a woman’s life in danger, but still places her at risk of grave health consequences, including loss of fertility,” Kagan wrote. “In that situation, federal law requires a hospital to offer an abortion, whereas Idaho law prohibits that emergency care. And the record shows that, as a matter of medical reality, such cases exist.” “This months-long catastrophe was completely unnecessary. More to the point, it directly violated federal law,” wrote Justice Ketanji Brown Jackson in a separate opinion. LISTEN: Supreme Court hears arguments on Idaho abortion ban Justice Samuel Alito’s dissent criticized the majority for changing course from a few months ago. “Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents. That is regrettable,” he wrote. We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now