Nearly two years after overturning the constitutional right to abortion, the Supreme Court will consider Wednesday how far state bans can extend to women in medical emergencies.
Supreme Court to weigh whether doctors can provide emergency abortions in states with banshas considered a state ban since then, and comes as the justices consider another case - still pending - seeking to restrict access to abortion medication.argues that hospitals must be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk, even in states where abortions are banned.
Abortion is considered routine treatment for some pregnancy emergencies, like when a woman’s water breaks before a fetus is viable.doctors see a patient at least weekly with that issue, which puts women at risk for infection, sepsis and hemorrhage. But in order to stay within bounds of’s abortion law, doctors now must wait to ensure those patients are close to death before offering abortion treatment, Souza said. “There’s a lot of second-guessing and hand-wringing.
Attorneys for the state of Idaho contend the exceptions to its abortion ban do allow for life-saving abortions, as well as treatment for ectopic pregnancies and accidental terminations in emergencies.
The law also says hospitals are responsible for stabilizing “the health of the woman or her unborn child,” language that indicates there wasn’t an expectation that it would require abortions,The Justice Department says the language refers to labor and delivery and doesn’t preclude hospitals from stabilizing a woman with necessary treatment, especially when serious risks to her health also endanger a fetus.
It could also weaken the emergency healthcare protections that EMTALA provides across the country, said Molly Duane, a senior staff attorney at the Center for Reproductive Rights. “Who is overseeing these hospitals and making sure the patients get the lifesaving and health saving care that they need to protect themselves, their families, the pregnancies, their future pregnancies?” Duane said.is also facing other court battles over its guidance on abortions and emergency care.
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