All four women on the US Supreme Court pushed back on Idaho’s strict abortion ban during oral arguments Wednesday on whether the law conflicts with a federal emergency care law.
That included conservative Justice Amy Coney Barrett, who accused the state’s attorney Joshua Turner of “hedging” when he said that decisions about whether a woman’s life was in danger had to be decided on a case by case basis even though the state law is vague about that option, The Hill reported.
Idaho law argues that it’s law supercedes the federal Emergency medical Treatment and Active Labor Act, which requires federally funded hospitals to provide stabilizing care — including abortions, in rare cases — to emergency room patients whether or not they’re able to pay.
The other women on the court — Elena Kagan, Sonia Sotomayor, and Ketenji Brown Jackson — asked detailed questions about where Idaho draws the line and how far toward “on the verge of death” the state law required before an abortion could be conducted.
“If the woman is going to lose her reproductive organs, that’s enough to trigger this duty on the part of the hospital to stabilize the patient,” Kagan said of the federal law. “And the way to stabilize patients in these circumstances, all doctors agree.”
Turner argued that the state law overrode the federal law and didn’t apply, which would appear.
“What you are saying is that there is no federal law on the book that prohibits any state from saying, even if a woman will die, you can’t perform an abortion?” Sotomayor asked.
The men on the court appeared content to ask less detailed questions, with Samuel Alito, in particular, honing in on the phrase “unborn child” in the Idaho statute.
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[Featured image: US Supreme Court]