Draft opinions suggest majority believes hospitals must comply with EMTALA
Lower court order ensured hospitals could perform emergency abortions to protect mother's health
Majority of justices believe under federal law, hospitals required to administer abortions in emergencies
Supreme Court allows emergency abortions in Idaho
The Supreme Court has indicated it will allow emergency abortions for pregnant patients in Idaho who face serious health risks, according to draft opinions that were accidentally posted on the court's website. The justices are set to dismiss appeals by Idaho and Republican leaders without resolving the core issues of the case.
The ruling would reinstate a lower court order that had ensured hospitals in Idaho could perform emergency abortions to protect the health of the mother. The draft opinions suggest that a majority of justices believe that under federal law, hospitals are required to administer abortions in emergency situations when necessary.
Idaho officials argued against being forced by the Biden administration to perform abortions in potential emergency situations due to their state's near-total ban on the procedure. However, the administration contends that EMTALA (Emergency Medical Treatment and Labor Act) requires health care providers to give
The Supreme Court will uphold access to emergency abortions for pregnant patients in Idaho facing serious health risks.
Justice Elena Kagan wrote a concurrence joined by her liberal colleagues stating that the ruling will prevent Idaho from enforcing its abortion ban when termination of a pregnancy is needed to prevent serious harm to a woman’s health.
Justice Ketanji Brown Jackson also wrote a concurring opinion, declaring that the decision is not a victory for pregnant patients in Idaho, but rather a delay as they remain in a precarious position due to unclear laws.
The US Supreme Court is set to allow abortions in medical emergencies in Idaho.
A lower court order ensured hospitals in Idaho could perform emergency abortions to protect the health of the mother.
The Supreme Court will dismiss appeals by Idaho and Republican leaders without resolving the core issues.
Accuracy
The Supreme Court will uphold access to emergency abortions for pregnant patients in Idaho facing serious health risks.
The ruling restores a lower court order forcing the state to comply with the Emergency Medical Treatment and Labor Act, which requires hospitals to treat patients facing health emergencies under the 1986 law.
The Supreme Court appears poised to allow Idaho hospitals to perform emergency abortions despite the state’s restrictions on the procedure, according to a copy of a not-yet-released opinion posted by Bloomberg Law after it briefly appeared on the court’s website yesterday.
The Biden administration sued Idaho in 2022, arguing that the state’s strict abortion ban conflicts with federal law. Idaho’s law bans almost all abortions, with penalties of up to five years in prison for doctors, except when an abortion is “necessary to prevent the death of a pregnant woman.”
The administration contends that EMTALA requires abortions for pregnant women if needed to address health-threatening conditions short of death, such as organ failure or loss of fertility.
Justice Elena Kagan wrote a concurrence joined by her liberal colleagues stating that the ruling will prevent Idaho from enforcing its abortion ban when termination of a pregnancy is needed to prevent serious harm to a woman’s health.
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The article contains selective reporting as it only reports on the draft opinion that was accidentally published on the Supreme Court's website, which could differ from the official ruling when it is announced. The article also uses emotional manipulation by stating 'Trump + MAGA Republicans abortion bans continue to put lives at risk,' and 'We must stop them by sending President Biden back to the White House to restore the federal right to abortion.' These statements are not factual and are intended to elicit an emotional response from readers.
We see reports that #SCOTUS will return Idaho’s #EMTALA case back to the lower courts. While we await the release of the final opinion, here are the facts:
Trump + MAGA Republicans abortion bans continue to put lives at risk, and we must stop them by sending President Biden back to the White House to restore the federal right to abortion
The Supreme Court appears poised to temporarily allow abortions in medical emergencies in Idaho.
Justice Amy Coney Barrett argued that Idaho appears to be able to enforce its ban 'in the vast majority of circumstances.'
The Biden administration argued Idaho's ban could force patients to endure hysterectomies and other lifelong complications if doctors declined to provide an abortion in the emergency room.
Abortion-rights groups have been careful not to celebrate the finding in the document, instead saying that the justices' ruling would merely delay a future decision that may restrict abortion access in emergency situations.
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The article contains several examples of deception through omission. Firstly, the authors fail to mention that the draft opinion was leaked and widely disseminated by Politico, which is a clear violation of Supreme Court protocols. Secondly, they do not disclose that Idaho's abortion ban includes an exception for the life of the pregnant woman, implying that it does not. This creates a false impression about the severity of the situation and the potential harm to women's health. Lastly, while they report on previous instances where justices have shown skepticism towards Biden administration's position, they fail to mention that a majority of the high court may not agree with these interpretations as it was never formally released by the justices.
The document was inadvertently and briefly uploaded on the court’s website.
The Supreme Court inadvertently posted a draft opinion on the key Idaho abortion case on its website and then removed it.
Idaho officials argued against being forced by the Biden administration to perform abortions in potential emergency situations due to their state’s near-total ban on the procedure.
Accuracy
The Supreme Court will uphold access to emergency abortions for pregnant patients in Idaho facing serious health risks.
The draft opinion suggested that the court might side with the federal government, requiring hospitals in states with abortion bans to administer abortions in emergency situations while the case is being litigated.
Justice Elena Kagan wrote a concurrence joined by her liberal colleagues stating that the ruling will prevent Idaho from enforcing its abortion ban when termination of a pregnancy is needed to prevent serious harm to a woman’s health.
Justice Amy Coney Barrett reasoned dismissal is appropriate now because of new information uncovered during briefing and oral arguments.
Justice Samuel Alito called the court’s ruling baffling, suggesting that language in the statute referring to the ‘unborn child’ prevented the law from requiring abortions.
