As the Supreme Court of the United States (SCOTUS) wrapped up its term, decisions came fast and furiously last week. On June 27, SCOTUS issued its decision on two consolidated cases, Moyle vs. United States and Idaho vs. United States (referred to as “Moyle” throughout), that address access to abortions in emergency circumstances. At the heart of these cases is the question about whether and how federal law protecting access to emergency health care preempts state abortion bans in certain circumstances.
In a 6-3 decision, SCOTUS decided to dismiss the cases, meaning that the lower court’s order to block Idaho from enforcing its abortion ban in emergency medical situations is now active. The upshot of the decision is that, at least for now, abortions cannot be criminalized in emergency situations in Idaho. However, by not ruling on the merits of the case, SCOTUS kicked the can down the road, meaning significant questions about how state abortion laws and federal emergency access laws interact remain.
Read the latest Health Care in Motion.
Health Law & Policy, Commentary
The Supreme Court Decision on EMTALA and Abortion – Health Care in Motion
July 2, 2024