The U.S. Supreme Court is hearing arguments in the case Idaho v. United States to decide whether emergency rooms in Idaho can provide abortions to pregnant women in an emergency. Idaho’s Defense of Life Act, which took effect in August 2022 after the overturning of Roe v. Wade, prohibits nearly all abortions, with exceptions for rape, incest or “to prevent the death of the pregnant woman.”
The Biden administration contends that a 1986 federal law, the Emergency Medical Treatment and Labor Act (EMTALA), “can in some narrow circumstances trump a state law that criminalizes most abortions in the state” because the law requires ER physicians to offer “stabilizing treatment” to all patients whose health is in jeopardy. (Jeopardy in this case does not mean that death is imminent for the pregnant woman.) Note: EMTALA does not address abortion specifically.
During the Supreme Court hearing today, Solicitor General of the United States Elizabeth Prelogar and Justice Samuel Alito clashed over fetal protections under EMTALA.
As heard in the audio below, provided by CNN, “Prelogar argues women deserve necessary medical care, challenging Alito’s focus on ‘unborn child’ protections.” Alito posited that EMTALA requires the “unborn child” to receive the same “stabilizing treatment” as the pregnant woman.
Alito concluded: “Performing an abortion is antithetical to that duty,” Alito added.
Eric Segall, constitutional law professor at Georgia State University College of Law, has been listening to the SCOTUS hearing and responded to Alito’s comments during the hearing by writing: “Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.”
Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.
— Eric Segall (@espinsegall) April 24, 2024
Author and constitutional law scholar Dan Mafora also weighed in on the exchange, writing: “If you’re looking for a masterclass in lawyering, listen to this clip of Elizabeth Prelogar absolutely demolishing Justice Sam Alito – she got her hands on him and didn’t let him go.”
If you’re looking for a masterclass in lawyering, listen to this clip of Elizabeth Prelogar absolutely demolishing Justice Sam Alito – she got her hands on him and didn’t let him go I know who my GOAT is (also that’s @Eli_Kunene dying in the background). pic.twitter.com/WVX9GdF6la
— son of baldwin (@dansmywholename) April 24, 2024