Supreme Court sounds wary of Idaho's ban on emergency abortions for women whose health is in danger

Kavanaugh said he was uncertain what was at stake because the state had changed its view over what emergency conditions could justify an abortion.

Justice Elena Kagan said the law has resulted in six pregnant women being airlifted to neighboring states to obtain abortions.

Justices Sotomayor and Ketanji Brown Jackson were also sharply skeptical of Idaho’s argument.

Prelogar, the Biden administration’s attorney, assured the conservative justices that federal law includes “conscience protections” for doctors and hospitals morally opposed to abortion.

The case of Moyle vs. United States poses a clash between the federal law that requires hospitals to provide emergency care and the state’s authority to regulate doctors and the practice of medicine.

Regardless of how the court rules in the Idaho case, the outcome should have no direct effect in California or other states where abortion remains legal.

Turner said 22 states now prohibit most abortions, and the court’s ruling could apply to all of them.

But Prelogar said Idaho is among only six states that make no exceptions for protecting the health of a pregnant patient.

Doctors in Idaho contend the law endangers patients.

In medical emergencies, “delay puts the patient’s life and health at risk. But the lack of clarity in the law is creating fear in our physicians,” said Dr. Jim Souza, chief physician executive for St. Luke’s Health System in Boise.

He said doctors in emergency rooms often see pregnant women whose water has broken, or who have a severe infection or are bleeding badly. An abortion may be called for in such a situation, but doctors know they could be subject to criminal prosecution if they act too soon, he said.

“Doctors are leaving the state because of the fear surrounding this law,” Souza said in an interview.

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