A federal appeals court on Tuesday is hearing arguments on whether a federal emergency medical care law overrides Idaho’s near-total abortion ban, in a closely watched case with the potential to more clearly define abortion rights post-Roe v. Wade.
The federal Emergency Medical Treatment and Labor Act requires hospitals to provide stabilizing care before transferring or discharging a patient with an emergency medical condition. The Biden administration says that mandate means Idaho can’t enforce its criminal abortion law to the extent it would prohibit abortion as stabilizing care.
But Idaho says there’s no conflict between the laws because ...
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