SCOTUS To Stop ERs Being Turned Into Abortion Centers?
The U.S. Supreme Court will hear oral arguments on a case to stop President Biden from turning emergency rooms in Idaho into abortion centers.
This will be the first case the Supreme Court will have heard on the case that saw the overturn of Roe v Wade, Dobbs v Jacksons Women’s Health Organization.
Biden’s Department of Justice (DOJ) argues Idaho’s trigger law violates EMTALA, which requires hospitals receiving federal Medicare funds to provide stabilizing treatment to patients in the emergency room during a medical emergency. According to the DOJ, women’s lives will be at risk if emergency room doctors cannot commit abortions.
Whilst the case has yet to be heard, the Supreme Court has permitted Idaho’s law to take effect.
Earlier in the year, the Biden Administration tried to exploit a federal law called EMTALA in an attempt to weaken Idaho’s abortion ban by permitting emergency room doctors to perform abortions.
EMTALA stands for the “Emergency Medical Treatment and Active Labor Act.”
Thankfully, the Supreme Court ruled that the Biden Administration was not allowed to force Idaho to do so. This was a victory but was merely temporary.
Idaho will now be fighting at the highest court in the land to ensure this is a permanent victory. In order to do so, they must win the entirety of the case dubbed Idaho v United States.
Biden’s Department of Justice (DOJ) filed a suit against Idaho after its new protectionary, pro-life law came into place after Roe v Wade was overturned. This occurred because Idaho had a “trigger law” in place.
Trigger laws are established so as soon as a ruling is handed down, that law can immediately come into effect.
The DOJ argues the state law stands in conflict with EMTALA and medical treatment for pregnant women in emergency rooms and that it would prevent supposedly medically necessary abortions.
How sly and deceptive! Anything to ensure the killing of children and the wounding of women and communities continues – that’s a pretty brutal policy stance to fight for.
One of the common pieces of true misinformation is that states with pro-life protections for children pre-birth and pregnant women, is that doctors would not be allowed to help women facing miscarriage or ectopic pregnancies. This is utterly false.
Miscarriage is not abortion and those painting as such are trying to stir fear in the hearts of American women. Abortions are the intentional ending (killing) of a preborn child’s life. Miscarriage is the natural ending of a child’s life in the womb and can occur due to various unintentional and natural means.
What is the truth is that every single state with an abortion ban in place permits doctors to treat women going through an ectopic pregnancy, as well as miscarriage.
Alliance Defending Freedom Senior Counsel, Erin Hawley, says:
“Hospitals—especially emergency rooms—are centers for preserving life. The government has no business transforming them into abortion clinics.”
“Emergency room physicians can, and do, treat ectopic pregnancies and other life-threatening conditions. But elective abortion is not life-saving care—it ends the life of the unborn child—and the government has no authority to override Idaho’s law barring these procedures.”
“We urge the Supreme Court to halt the lower court’s injunction and allow Idaho emergency rooms to fulfill their primary function—saving lives.”
“The United States’ position conflicts with the universal agreement of federal courts of appeal that EMTALA does not dictate a federal standard of care or displace state medical standards. The district court accepted the United States’ revisionist, post-Dobbs reading of EMTALA and enjoined Idaho’s Defense of Life Act in emergency rooms.”
“The district court’s injunction effectively turns EMTALA’s protection for the uninsured into a federal super-statute on the issue of abortion, one that strips Idaho of its sovereign interest in protecting innocent, human life and turns emergency rooms into a federal enclave where state standards of care do not apply,” Hawley stated.
Founder and CEO of Stanton Healthcare which provides medical care and support for pregnant women in need, Brandi Swindell, spoke with LifeNews saying:
“It is deeply troubling to see President Biden ignore and disrespect the voices of Idaho’s women as he attempts to advance a radical abortion agenda through federal regulations,” she said.
“The Dobbs decision made it clear there is no federal or constitutional right to abortion. Our hope and prayer is that the Supreme Court will respect the rights of Idaho’s voters and not allow our emergency rooms to be turned into abortion clinics by the federal government.”
Under Idaho law, physicians performing abortions that are prohibited will face penalties. There is one caveat in the law, however, physicians are permitted to perform an abortion in order to save the life of the mother, as well as in a few additional situations.
Idaho’s law also excludes contraception from being defined as a form of abortion whilst also stating that women who have abortions committed on them and their children will not face prosecution.
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