For the fourth time since she became the federal government’s top Supreme Court advocate, Solicitor General Elizabeth Prelogar is arguing an abortion-related case.
The dispute before the high court on Wednesday, about whether federal mandates for hospitals override strict state abortion bans in medical emergencies, shows how legal fights over abortion rights did not cease when the conservative majority ended a constitutional right to an abortion in 2022.
The Biden administration is alleging that Idaho’s strict abortion ban conflicts with a US law requiring that federally funded hospitals provide “stabilizing” care to emergency room patients. The state abortion law allows for abortion when a woman’s life is in danger, but not when a woman’s pregnancy is risking serious harms to her health that are not yet life threatening.
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