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Emergency abortions temporarily allowed in Idaho by Supreme Court


The Supreme Court dismissed an appeal by Idaho officials regarding a strict abortion law that requires stabilizing care for pregnant women suffering complications. The court’s decision leaves a lower court ruling allowing emergency abortions in Idaho in effect for now, with the potential for the issue to be taken up in a later case. Justice Ketanji Brown Jackson dissented, arguing that the conflict should be resolved now. Conservative Justice Samuel Alito also disagreed with the decision, indicating that the Biden administration’s interpretation of the federal law is not unambiguously correct. The legal question at hand affects not only Idaho but also other states with similar abortion bans that lack broad exceptions for maternal health. The Idaho law, enacted in 2020, includes criminal penalties for those performing abortions and was set to go into effect if Roe v. Wade was overturned, which it was partially in 2022. The law was blocked from enforcing provisions that conflict with federal law under the Emergency Medical Treatment and Labor Act, which mandates appropriate emergency care, including abortions in certain situations. The case is part of ongoing litigation and could become more complicated with potential changes depending on future political administrations. The court’s decision leaves uncertainty regarding the federal law’s supremacy over state abortion bans and the potential impact on other states with similar restrictions.

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