In its latest abortion case the Supreme Court seems to back Idaho

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In its latest abortion case the Supreme Court seems to back Idaho
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Moyle v US asks if federal law protects women whose pregnancies threaten their health

Supreme Court justices wrote that they were returning the issue of abortion to “legislative bodies”. Two years on, that sounds like wishful thinking: the court finds itself right back in the middle of America’s abortion battle. A month ago the issue was access to abortion pills—a fight opponents of abortion seem destined to lose. On April 24th the question was whether state bans that criminalise terminations are trumped by a federal law concerning emergency care.

Joshua Turner, defending Idaho’s statute, faced a barrage from the three liberal justices. Idaho’s law explicitly recognises abortion as the standard of medical care when a woman’s “life is in peril”, Justice Elana Kagan noted. So can’textend that same standard to cases when her “health is in peril” and she could “lose her reproductive organs”? Well, Mr Turner said, that raises “tough medical questions that implicate deeply theological and moral questions” states should answer.

The Court’s conservative justices largely steered clear of questions of women’s reproductive health. But they voiced three lines of attack on the Biden administration’s position, suggesting that their sympathies lay with Idaho.was enacted under the constitution’s Spending Clause and probed whether it was proper for the government to withhold Medicare funds unless emergency abortions are provided. Mr Turner argued that such conditions must be “clear and unambiguous” in the statute itself.

One objection to the Biden administration’s position seemed to gain more traction: the worry that adding a health exception viawould invite a host of elective abortions via mental-health claims.

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