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Skip to contentSkip to site indexSearch & Section NavigationSection Navigation SEARCH Politics SUBSCRIBE FOR $1/WEEKLog in Wednesday, April 24, 2024 Today’s Paper SUBSCRIBE FOR $1/WEEK U.S. Abortion Landscape * Arizona’s Abortion Ban * Tracking Abortion Laws * Abortion Pill Case * Abortion Shield Laws * Effects of Bans on Births Advertisement SKIP ADVERTISEMENT Supported by SKIP ADVERTISEMENT SUPREME COURT TO EXAMINE CLASH BETWEEN IDAHO ABORTION BAN AND FEDERAL LAW The case, which could reverberate beyond Idaho to other states with abortion bans, is the second time in less than a month that the justices have heard an abortion case. Listen to this article · 7:37 min Learn more * Share full article * * * 30 * Read in app Protesters near the Idaho State Capitol in Boise after the Supreme Court overturned the constitutional right to abortion in June 2022. In August of that year, the state’s near-total ban on the procedure went into effect.Credit...Angie Smith for The New York Times By Abbie VanSickle Reporting from Washington April 24, 2024, 5:04 a.m. ET Sign up for the On Politics newsletter. Your guide to the 2024 elections. Get it sent to your inbox. The Supreme Court will hear arguments on Wednesday about whether Idaho’s near-total abortion ban conflicts with a federal law that protects patients who need emergency care, in a case that would determine access to abortions in emergency rooms across the country. The federal law affects only the sliver of women who face dire medical complications during pregnancy. But a broad decision by the court could have implications for the about 14 states that have enacted near-total bans on abortion since the court overturned a constitutional right to abortion in June 2022. The case may also have broader consequences if the justices adopt language about fetal personhood, some legal scholars argue, an increasingly polarizing fight that surfaced recently in Alabama, after its top court ruled that frozen embryos in test tubes should be considered children. The dispute is the second time in less than a month that the Supreme Court is grappling with abortion. It is a potent reminder that even after Justice Samuel A. Alito Jr. vowed in 2022 that the issue of abortion would return to elected representatives in Dobbs v. Jackson Women’s Health Organization, it continues to make its way back to the court. In late March, the justices considered the availability of the abortion pill mifepristone. Advertisement SKIP ADVERTISEMENT The federal law at issue, the Emergency Medical Treatment and Labor Act, or EMTALA, enacted by Congress in 1986, mandates that hospitals receiving federal funds provide patients with stabilizing care. The Biden administration maintains that this law collides with — and should override — Idaho’s near-total abortion ban. Under the state law, the procedure is illegal except in cases of incest, rape or when it is “necessary to prevent the death of the pregnant woman,” and doctors who perform abortions could face criminal penalties. Lawyers for the state contend that the administration has maneuvered the federal law in a way that would bypass state bans. Subscribe to The Times to read as many articles as you like. Abbie VanSickle covers the United States Supreme Court for The Times. She is a lawyer and has an extensive background in investigative reporting. More about Abbie VanSickle Read 30 Comments * Share full article * * * 30 * Read in app Advertisement SKIP ADVERTISEMENT COMMENTS 30 Supreme Court to Examine Clash Between Idaho Abortion Ban and Federal LawSkip to Comments Share your thoughts. The Times needs your voice. We welcome your on-topic commentary, criticism and expertise. Comments are moderated for civility. SITE INDEX SITE INFORMATION NAVIGATION * © 2024 The New York Times Company * NYTCo * Contact Us * Accessibility * Work with us * Advertise * T Brand Studio * Your Ad Choices * Privacy Policy * Terms of Service * Terms of Sale * Site Map * Canada * International * Help * Subscriptions Enjoy unlimited access to all of The Times. See subscription options