Lawrence Hurley covers the Supreme Court for NBC News.
WASHINGTON — The Supreme Court on Wednesday grapples with whether provisions of Idaho's near-total abortion ban unlawfully conflict with a federal law aimed at ensuring certain standards for emergency medical care for patients, including pregnant women. The justices are weighing an appeal brought by Idaho officials who are contesting a lawsuit filed by the Biden administration over abortion access in emergency situations.
The San Francisco-based 9th U.S. Circuit Court of Appeals briefly put Winmill’s ruling on hold in September, but subsequently allowed it to go back into effect, prompting the state officials to turn to the Supreme Court. Solicitor General Elizabeth Prelogar, representing the Biden administration, wrote in court papers that EMTALA requires 'necessary stabilizing treatment,' which in cases involving pregnant women in an emergency situation may require an abortion.
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