Supreme Court hears Biden administration challenge to Idaho abortion ban

In a high-stakes Supreme Court hearing today, the Biden administration challenged aspects of Idaho’s strict abortion ban, with US Solicitor General Elizabeth Prelogar making arguments aimed at appealing to conservative justices. The case revolves around whether federal mandates for hospital emergency room care override abortion bans that do not exempt situations where a woman’s health is in danger but her life is not yet threatened.

Prelogar argued that there is a real conflict between Idaho’s law and the federal statute known as the Emergency Medical Treatment and Labor Act, but she emphasized that the administration is not trying to interfere with Idaho’s ability to criminalize abortions outside of medical emergencies addressed by EMTALA.

To win the case, the Biden administration will need the votes of two members of the court’s conservative bloc, with Justice Brett Kavanaugh signaling sympathies towards Idaho. The pivotal votes are expected to come from Chief Justice John Roberts and Associate Justice Amy Coney Barrett, who just two years ago voted to overturn Roe v. Wade.

Both justices had tough questions for both sides of the case, with the court’s far-right wing framing the case as a federal overreach into state power in an attempt to sway the swing justices. Meanwhile, the court’s liberals focused on the medical emergencies faced by pregnant women that were not covered by the limited exemptions in Idaho’s abortion ban.

The outcome of this case could have significant implications for abortion rights in the United States, making it a closely watched and highly debated issue.