{"id":304750,"date":"2024-01-05T18:20:50","date_gmt":"2024-01-06T00:20:50","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=304750"},"modified":"2024-01-10T15:40:33","modified_gmt":"2024-01-10T21:40:33","slug":"supreme-court-federal-law-er-abortion","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/supreme-court-federal-law-er-abortion\/","title":{"rendered":"US Supreme Court to decide if federal law requires ER doctors to commit abortions"},"content":{"rendered":"
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The Supreme Court announced today it will hear a case on the issue of whether the federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospital emergency rooms to commit abortions in an expedited case. In the meantime, the Court has allowed an Idaho law protecting virtually all preborn children from abortion to take effect.<\/p>\n

In an order<\/a>, the Supreme Court granted Idaho’s request<\/a> to weigh in on the issue of EMTALA and abortion. In August of 2022, the Biden Department of Justice (DOJ) filed a lawsuit challenging Idaho\u2019s trigger law, which protects virtually all preborn children from abortion. A judge granted an injunction against the law, setting off a legal battle. The DOJ argued that the law violates EMTALA, which requires hospitals receiving federal Medicare funds to provide stabilizing<\/strong> treatment to patients in the emergency room during a medical emergency. The DOJ claims women\u2019s lives will be at risk if emergency room doctors cannot commit abortions \u2014 yet induced abortion, in which a child is intentionally<\/em> killed, is not a solution to a medical emergency.<\/p>\n

Early delivery, in which a preborn child’s life is not intentionally taken, is not an induced abortion, and treatments for ectopic pregnancies and miscarriages are also not considered induced abortions. Abortions are allowed under Idaho’s law if the woman\u2019s life is at risk, or in cases of rape or incest.<\/em><\/p>\n