Supreme Court to consider clash of Idaho abortion ban with federal law for emergency care
CBSN
Washington — Less than two years after the Supreme Court returned abortion policy to the states by overturning Roe v. Wade, the justices will hear the second of two cases in a month's span that involve efforts to restrict access to the procedure.
The latest dispute to be argued Wednesday involves the interplay between Idaho's near-total ban on abortion and a federal law that requires Medicare-participating hospitals to provide necessary stabilizing treatment, including emergency abortion care, to a mother whose health is at serious risk.
Idaho's law went into effect after the Supreme Court overturned Roe in June 2022 and makes it a felony for physicians to perform most abortions, except when necessary to save the life of the mother. But the Biden administration sued the state in August 2022, arguing its law is unconstitutional and preempted by the Emergency Medical Treatment and Labor Act, or EMTALA.
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