SCOTUS Chat: Supreme Court Punts Decision on Emergency Abortion Care Ahead of 2024 Election

In this SCOTUS Chat, Gender Justice Special Projects Advisor Erin Maye Quade and Legal Director Jess Braverman share their analysis of the Supreme Court ruling.

Jess Braverman, Gender Justice Legal Director and Erin Maye Quade, Gender Justice Special Projects Advisor

On June 27,2024, the U.S. Supreme Court issued its decision in Idaho v. United States and Moyle et al., or the “EMTALA” (Emergency Medical Treatment and Labor Act) case, which centers on whether or not state abortion bans supersede the federal EMTALA law mandating that hospital emergency departments receiving federal funding must stabilize a patient whose life or health is at risk.

In its long-awaited decision, the Court sent the case back to the lower courts. It also reinstated a lower court’s ruling permitting doctors to provide emergency abortion care even where such care conflicts with Idaho’s abortion ban—but not before several patients had to be airlifted out of Idaho to receive emergency health care because of the Court’s initial decision.

By punting on what should be a straightforward ruling, the Supreme Court effectively condones the denial of emergency abortion care.

References and additional resources:

• Supreme Court opinion
• Gender Justice statement on the EMTALA opinion

About The Gender Justice Brief

The Gender Justice Brief is produced by Gunther Michael Jahnl of IQONEQ Communications Solutions and Audra Grigus.

Visit Gender Justice and UnRestrict Minnesota.

Voted Favorite Minnesota Podcast by Women’s Press Readers