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During argument for the Supreme Court's 2nd abortion case, Justices Sotomayor, Kagan, and Jackson told stories of women who've been airlifted out of Idaho and women who were left infertile from pregnancy-related complications., a case that weighs whether Idaho’s abortion ban violates the Emergency Medical Treatment and Labor Act , a federal law that requires hospitals to provide emergency, stabilizing care to anyone, including pregnant people, and including if they need an abortion.
Turner also attempted to run away with the bullshit claim that EMTALA can be weaponized so that people with mental health emergencies can receive abortion care—which the Biden administration’s attorney quickly shut down during her remarks. Most infuriating of all, Turner’s arguments were so asinine that the Court’s liberal, female justices were basically forced to spell out why it’s bad when pregnant people can’t get the emergency care they need.
Justice Kagan then confronted Turner about the impacts we’re already seeing from Idaho’s abortion ban, including the cases of six different patients requiring air ambulances to transport them out-of-state for emergency abortions. “It’s become ‘transfer’ is the appropriate standard of care in Idaho, but it can’t be the right standard of care to force somebody onto a helicopter,” Kagan said.
Many of these points were also emphasized by Prelogar during her arguments on behalf of the Biden administration. “Today, doctors in Idaho and the women in Idaho are in an impossible position,” she said in her opening statement.
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