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Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicAs the presidential race moves into high gear, abortion is at the center of it. Republican-controlled states continue to impose new bans, including just this week in Florida. But in Washington, the Biden administration is challenging one of those bans in a case that is now before the Supreme Court, arguing that Idaho’s strict rules violate a federal law on emergency medical treatment. Pam Belluck, a health and science reporter at The Times, and Abbie VanSickle, who covers the Supreme Court, explain how the federal law, known as EMTALA, relates to abortion, and how the case could reverberate beyond Idaho.

Persons: Biden, Pam Belluck, Abbie VanSickle Organizations: Spotify, Republican, The Times Locations: Florida, Washington, Idaho

☆ How a Loss in the Emergency Abortion Case Could Become a Win for Biden - The New York Times
▼ + stars: | 2024-04-25 | by ( Mary Ziegler | ) www.nytimes.com time to read: +2 min

But a decision in the second case, on access to emergency abortions, may have much more profound consequences, both for November’s election and the ongoing struggle over reproductive rights. At issue is whether EMTALA requires physicians to offer emergency abortions even when state abortion bans — including those enacted after the overturning of Roe — do not permit them. The Biden administration brought suit against Idaho in federal court, arguing that federal law does pre-empt state policy on the matter. In such states, emergency rooms “are so scared of a pregnant patient, that the emergency medicine staff won’t even look. They just want these people gone,” Sara Rosenbaum, a health law and policy professor at George Washington University, told The A.P.

Persons: Roe —, Biden, —, ” Sara Rosenbaum Organizations: Labor, Biden, Associated Press, George Washington University Locations: Idaho

☆ Live Updates: Supreme Court to Consider Access to Emergency Abortions
▼ + stars: | 2024-04-24 | by ( Abbie Vansickle | ) www.nytimes.com time to read: +5 min

A hospital emergency department in Jackson, Mississippi, one of several states with bans that outlaw most abortions, allowing it to save a woman’s life, but not to prevent severe health consequences. The abortion case before the Supreme Court on Wednesday centers on a federal law requiring emergency medical care for any urgent condition, but its specific mention of one condition — pregnancy — will matter most. The law requires that emergency departments provide stabilizing care not only to patients facing imminent death, but patients whose health would otherwise deteriorate. There were alarming cases involving pregnant women in labor jettisoned from private hospitals before their babies could be born. “I remember a young woman in labor who was sent to Parkland from another hospital — a religiously-affiliated hospital,” he said.

Persons: ”, Dr, Ron Anderson, “, Sara Rosenbaum, Rosenbaum, Roe, Wade, EMTALA Organizations: Labor, Parkland, George Washington University Locations: Jackson , Mississippi, Idaho, Texas, Dallas, Parkland, ”

☆ Takeaways from the Supreme Court’s oral arguments over emergency abortions
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | John Fritze | ) edition.cnn.com time to read: +10 min

The court’s far-right wing, perhaps in an attempt to keep those two justices on their side, framed the case as a federal overreach into state power. Turner, Idaho’s attorney, shot back that mental health could essentially open a loophole. Conservatives have long opposed allowing exceptions to strict abortion bans for mental health. Justice Samuel Alito, a fellow conservative, picked up on that same theme, repeatedly pressing Prelogar to explain whether the Justice Department views mental health as a way around Idaho’s abortion ban. That is exactly the kind of political influence that the Supreme Court, especially under Roberts, has generally tried to avoid.

Persons: Biden, Elizabeth Prelogar, Roe, Wade, Brett Kavanaugh, John Roberts, Amy Coney Barrett, Prelogar, ” Prelogar, “, Roberts, Barrett –, Barrett, teed, Joshua Turner, Sonia Sotomayor, Turner, Elena Kagan, ’, Alito, CNN Sotomayor, ”, Clarence Thomas, EMTALA, Neil Gorsuch, ‘, Samuel Alito, ” Alito, –, Joe Biden, Donald Trump, Trump, – Gorsuch, Kavanaugh Organizations: CNN, Justice, Labor, Liberal, Republican, Supreme, Department, Wade, Idaho, energizing Democratic, Food and Drug Administration, GOP Locations: Idaho, Wisconsin

☆ Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion
▼ + stars: | 2024-04-24 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

CNN —For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case. When Prelogar argues before the Supreme Court, she is arguing in front of several alumni of the US Office of the Solicitor General. She also clerked for her current boss, Attorney General Merrick Garland, when he was a DC Circuit judge, before her Supreme Court clerkships. She went on to litigate Supreme Court cases for private firms and worked on special counsel Robert Mueller’s investigation. Likewise, the abortion case Prelogar argued last month could have significant consequences for federal power.

Persons: Elizabeth Prelogar, Prelogar, Department’s, Biden, ”, Stephanie Toti, she’s, Ruth Bader Ginsburg, Elena Kagan, Kagan, Obama, John Roberts, George H.W, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Roe, ” Prelogar, General Merrick Garland, Robert Mueller’s, Beth Brinkmann, Clinton, Brinkmann, Prelogar’s, Court’s Roe, Wade, –, Roberts, Gorsuch, Amy Coney Barrett, ” Toti, “ That’s Organizations: CNN, Miss Idaho, NPR, Emory University, Harvard Law School, DC Circuit, litigate, The Justice Department, Idaho, Labor, Center for Reproductive Rights, Food and Drug Administration, Justice Department, Republican Locations: Bush, Texas, ” An Idaho, Idaho

☆ 5 Takeaways From the Supreme Court Arguments on Idaho’s Abortion Ban
▼ + stars: | 2024-04-24 | by ( Pam Belluck | ) www.nytimes.com time to read: +1 min

The abortion case before the Supreme Court on Wednesday featured vigorous questioning and comments, particularly by the three liberal justices. At issue is whether Idaho’s near-total ban on abortion is so strict that it violates a federal law requiring emergency care for any patient, including providing abortions for pregnant women in dire situations. Here are some takeaways:The case centers on whether Idaho’s abortion ban violates federal law. Idaho’s ban allows abortion to save the life of a pregnant woman, but not to prevent her health from deteriorating. The federal government says it therefore violates the Emergency Medical Treatment and Labor Act, or EMTALA, which was enacted nearly 40 years ago.

Organizations: Labor Locations: Idaho

☆ Why Abortion Is Back at the Supreme Court - The New York Times
▼ + stars: | 2024-03-26 | by ( Melissa Murray | Kate Shaw | ) www.nytimes.com time to read: +2 min

In his majority opinion in the case overturning Roe v. Wade, Justice Samuel Alito insisted that the high court was finally settling the vexed abortion debate by returning the “authority to regulate abortion” to the “people and their elected representatives.”Despite these assurances, less than two years after Dobbs v. Jackson Women’s Health Organization, abortion is back at the Supreme Court. In the next month, the justices will hear arguments in two high-stakes cases that may shape the future of access to medication abortion and to lifesaving care for pregnancy emergencies. These cases make clear that Dobbs did not settle the question of abortion in America — instead, it generated a new slate of questions. The first case, scheduled for argument on Tuesday, F.D.A. At issue is the law’s interaction with state laws that severely restrict abortion, like an Idaho law that bans abortion except in cases of rape or incest and circumstances where abortion is “necessary to prevent the death of the pregnant woman.”

Persons: Roe, Wade, Samuel Alito, Dobbs, America —, ” Organizations: Jackson, Health Organization, Supreme, Alliance, Hippocratic, Food, Labor Locations: America, Idaho

The complaint came a little more than a year after Biden's administration informed hospitals that they must provide abortion services if the mother’s life is at risk. At the time, President Joe Biden's administration said EMTALA supersedes state abortion bans that don’t have adequate exceptions for medical emergencies. It also underscores the uphill legal battle reproductive rights advocates when pushing back against state abortion bans. According to the complaint, Statton learned she was pregnant in early 2023 and soon began experiencing severe pain and nausea. The Supreme Court earlier this month allowed Idaho to enforce its strict abortion ban, even in medical emergencies, while a separate legal fight continues.

Persons: Jaci Statton, Statton, Joe Biden's, Biden, Roe, Wade, Jaci, “, “ EMTALA, ”, Rabia Muqaddam Organizations: U.S . Department of Health, Human Services, Republican, Department of Health, Labor, Centers, Medicare, Services, Health, Reproductive Rights, Associated Press Locations: Oklahoma, Idaho , Tennessee, Texas, Idaho, New Orleans

☆ What to Know About the Federal Law at the Heart of the Latest Supreme Court Abortion Case
▼ + stars: | 2024-01-18 | by ( Pam Belluck | ) www.nytimes.com time to read: +1 min

One of the newest battlefields in the abortion debate is a decades-old federal law called the Emergency Medical Treatment and Labor Act, known by doctors and health policymakers as EMTALA. The issue involves whether the law requires hospital emergency rooms to provide abortions in urgent circumstances, including when a woman’s health is threatened by continuing her pregnancy. The Biden administration is in the middle of legal battles over the law with the states of Texas and Idaho. The Supreme Court has agreed to hear the Idaho case. Enacted by Congress in 1986, EMTALA (pronounced em-TAHL-uh) requires hospitals across the country to guarantee all patients a standard of emergency care, regardless of whether they have insurance or can pay.

Persons: Biden Organizations: Labor Locations: Texas, Idaho, United States

☆ Idaho asks Supreme Court to let abortion law that penalizes doctors to take full effect
▼ + stars: | 2023-11-27 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +3 min

CNN —Idaho asked the Supreme Court on Monday to allow its state abortion ban that imposes penalties on doctors who perform abortions to take full effect despite federal requirements for emergency room doctors. But a district court blocked the law in hospital emergency rooms that receive Medicare funding, holding that the state law interferes with a federal Medicare statute. The United States sued, claiming that a provision of a federal Medicare statue – the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s law in emergency rooms. The federal law requires hospitals to provide stabilizing care to emergency room patients regardless of their ability to pay. Now the state, represented by a conservative legal group that opposes abortion, is asking the Supreme Court to step in on an emergency basis to put the district court ruling on hold while appeals play out.

Persons: ”, preempts, Lynn Winmill, “, Dobbs, Erin Hawley, Alliance Defending Freedom, EMTALA Organizations: CNN, Idaho, Idaho’s Defense, United, Labor, Court, of, Alliance Defending Locations: Idaho, United States, of Idaho, Idaho’s, “, Texas

Medical instruments are sterilized following a surgical abortion at Trust Women clinic in Oklahoma City, U.S., December 6, 2021. Circuit Court of Appeals last month allowed the state to enforce its ban, reversing a lower court order that had partially blocked it. Idaho in 2020 passed a so-called "trigger" law that would go into effect and ban abortion if the U.S. Supreme Court overturned Roe v. Wade, the landmark decision that had established a right to abortion nationwide. The law includes a narrow exception for abortions that are necessary to prevent the mother's deathThe Supreme Court overturned Roe in June 2022. It also said that any conflict had been eliminated since Hendrix's decision because the state legislature and state Supreme Court had since clarified the law.

Persons: Evelyn Hockstein, Biden, Donald Trump, Raul Labrador, Roe, Wade, Joe Biden's, James Wesley Hendrix, Brendan Pierson, Alexia Garamfalvi, Jonathan Oatis Organizations: Trust Women, REUTERS, Circuit, Republican, Democratic, U.S . Department of Justice, U.S, Supreme, Idaho, Labor, District, Thomson Locations: Oklahoma City , U.S, San Francisco, Idaho, U.S, New York

Pedestrians pass the James R. Browning U.S. Court of Appeals Building, home of the 9th U.S. On Tuesday afternoon, the court plans to hear arguments regarding President Donald Trump's temporary travel ban on people from seven Muslim-majority countries. ... Acquire Licensing Rights Read moreLaw Firms Idaho Law Group FollowSept 29 (Reuters) - Idaho can fully enforce its near-total abortion ban after a U.S. appeals court lifted a lower court order that had partially blocked it. Idaho in 2020 passed a so-called "trigger" law that would ban abortion if the U.S. Supreme Court overturned Roe v. Wade, the landmark decision that had established a right to abortion nationwide. Democratic President Joe Biden's administration sued Idaho in August, saying the state ban conflicted with the Emergency Medical Treatment and Labor Act (EMTALA), a federal law requiring hospitals to "stabilize" patients with emergency medical conditions.

Persons: James R, Donald Trump's, Donald Trump, Raúl Labrador, Roe, Wade, Joe Biden's, James Wesley Hendrix, Lawrence VanDyke, Brendan Pierson, Alexia Garamfalvi, David Gregorio Our Organizations: Browning U.S, U.S, Circuit, Appeals, Firms, Republican, Donald Trump . Idaho, U.S . Department of Justice, Supreme, Democratic, Idaho, Labor, District, Thomson Locations: San Francisco , California, Firms Idaho, Idaho, San Francisco, U.S, New York

☆ Missouri investigating hospital's denial of an emergency abortion
▼ + stars: | 2022-11-03 | by ( The Associated Press | ) www.nbcnews.com time to read: +3 min

Missouri’s health department is investigating whether a hospital violated federal health care rules in denying a woman an emergency abortion, an agency spokeswoman confirmed Monday. But because her fetus still had a heartbeat and her condition wasn’t considered a life-threatening medical emergency at that moment, they couldn’t terminate the pregnancy in Missouri, they told her. Farmer criticized Missouri’s abortion ban in a campaign ad for Democratic U.S. Senate candidate Trudy Busch Valentine, who is running against Republican Attorney General Eric Schmitt. Missouri’s abortion ban includes exceptions for medical emergencies, although doctors and hospitals have said they’re unsure exactly what that covers. Additionally, physicians may also be subject to exclusion from the Medicare and State health care programs.”

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