Article Summary –
The U.S. Supreme Court is hearing a case that challenges Idaho’s abortion ban and the federal Emergency Medical Treatment and Active Labor Act. The case, Moyle v. United States, could impact patients in states without law that fully protects abortion if the Supreme Court rules in favor of Idaho. Meanwhile, Wisconsin, which began enforcing a 19th-century statute interpreted as making it a felony for doctors to provide abortions after Roe v. Wade fell, is still settling a similar case that has resulted in limited availability of abortion across the state.
U.S. Supreme Court Hears Arguments on Idaho Abortion Law
The U.S. Supreme Court listened to oral arguments on April 24 in a case regarding the Idaho abortion law ban and the federal Emergency Medical Treatment and Active Labor Act (EMTALA).
The case, Moyle v. United States, could potentially impact any patient in states without full abortion protection, according to Wisconsin’s 8th Congressional District candidate Dr. Kristin Lyerly.
Following the fall of Roe, Wisconsin revived a 1849 statute interpreted as criminalizing abortion. A legal challenge was filed by Democrats Attorney General Josh Kaul and Governor Tony Evers. By December 2023, Dane County Circuit Judge Diane Schlipper ruled that the law was related to infanticide, not abortion.
The Sheboygan County district attorney appealed this ruling. According to Lyerly, abortion is not fully accessible in Wisconsin pending the case settlement.
Lyerly advocates for a national protection for abortion, noting the lack of standard abortion care in parts of Wisconsin.
In 2022, both the U.S. Department of Health and Human Services and the U.S. Justice Department took actions in defense of abortion rights. The former issued guidance that protected healthcare providers offering abortion care in emergencies. The latter filed a lawsuit against Idaho’s abortion ban, citing violations of EMTALA and risks to women’s lives.
Following the lawsuit, a preliminary injunction was granted by U.S. District Judge B. Lynn Winmill, but was lifted by the Supreme Court in January, who agreed to hear the DOJ’s case.
Michelle Velasquez of Planned Parenthood of Wisconsin believes that the Idaho case is an example of political attacks on the rights and health of pregnant individuals.
“Federal law ensures that women aren’t refused necessary emergency care. This includes pregnant individuals in need of abortions. Denying this care is cruel and endangers women’s lives, even in medical emergencies,” Velasquez stated.
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