WASHINGTON — The Supreme Court on Wednesday will consider when doctors can perform abortions during medical emergencies in states where bans were passed after the Supreme Court’s sweeping decision overturning Roe v. Wade.
The case comes from Idaho, one of 14 states that ban abortion at all stages of pregnancy, with limited exceptions. This is the first time the Supreme Court has considered a state ban since Roe was overturned.
The Biden administration says that even in states where abortion is banned, federal health care law allows hospitals to terminate pregnancies in rare emergency situations where a patient’s life or health is in serious danger.
Idaho claims the ban has exceptions for life-saving abortions, but allowing it in more medical emergencies would turn hospitals into “abortion enclaves.” The state claims the government is abusing a health care law designed to ensure patients aren’t turned away based on their ability to pay.
The Supreme Court allowed the Idaho law to take effect, even during emergencies, as the case played out.
Doctors have said Idaho’s abortion ban has already impacted emergency rooms. More women whose conditions are typically treated with abortions now have to be flown out of state for care because doctors must wait until they are near death before they can perform abortions within the limits of state law.
Meanwhile, complaints about pregnant women being turned away from U.S. emergency rooms increased after the Supreme Court overturned Roe v. Wade, according to federal documents obtained by The Associated Press.
Anti-abortion groups blame doctors for mishandling maternal emergencies. Idaho argues that the Biden administration is exaggerating health care problems to undermine the state’s abortion laws.
The justices also heard another abortion case during this period, which sought to restrict access to abortion medications. It remains pending, although the justices generally seemed skeptical of the push.
The Justice Department originally filed the case against Idaho, alleging the state’s abortion law violated the Emergency Medical Treatment and Active Labor Act of 1986, known as EMTALA. It requires hospitals that accept Medicare to provide emergency care to every patient, regardless of his or her ability to pay. Almost all hospitals accept Medicare.
A federal judge initially sided with the government and ruled that abortions were legal in medical emergencies. After the state appealed, the Supreme Court allowed the law to take full effect in January.
The Supreme Court is expected to rule by the end of June.