aafront.org [aafront.org]
Hi john,
SOME PREGNANT PEOPLE WON’T BE LEFT FOR DEAD IN THE ER. Guess that counts as a “win” these days.
As expected from the leaked unanimous decision [[link removed]] , The 6-3 Supreme Court ruling affirmed that Idaho (and the emergency rooms in the eight other states in the Ninth Circuit) must comply with EMTALA, a federal law that requires any hospital receiving Medicaid funds to provide all stabilizing care – including abortion care – to patients in their emergency rooms.
QUICK RECAP OF THE CASE
In the case Idaho v. United States [[link removed]] (um, already sus), Idaho claimed its horrifying abortion ban, which only allows abortion when "necessary to prevent the death of the pregnant woman ,” does NOT violate the aforementioned law called the Emergency Medical Treatment and Active Labor Act (EMTALA) [[link removed]] . The United States argued, “Have you read your law? Your ban literally says you must be actively dying to access abortion care, and federal law overrides state law, so WHAT ARE YOU EVEN TALKING ABOUT?”
[[link removed]] Today the Supreme Court agreed with the federal government and stayed Idaho’s law for now. Yay, and boo.
The problem is that SCOTUS didn’t set clear boundaries to help patients and their doctors in emergency situations navigate options with certainty. Instead, it punted the case back to the lower court, leaving a lot of questions.
Ketanji Brown Jackson, in a concurring opinion for the majority, lays it out best:
“This is not a victory, it is a delay. While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires.”
Meanwhile, Amy Coney Barrett made sure her feelings were known by explicitly stating what she needs next time to change her vote to a “yes” for letting us die. So thoughtful.
AND AS FOR THE DISSENTING THE TRILOGY OF TERROR?
AKA Thomas, Alito, Gorsuch. They were just big mad their evil plot to give your fetus more rights than you was foiled again.
Not ideal.
This is a fleeting win until they come up with the next sinister way to harm us. AAF Needs your help NOW to help mobilize folks to fight back, especially in states champing at the bit to further erode access to our fundamental human rights. Please DONATE TODAY.
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So What Does This Decision Mean?
Basically, for now, people won't die in emergency rooms if they need an abortion and live in Idaho or the eight other states west of Montana, at least until the Ninth Circuit re-hearing. They will likely bring up another case after the election.
Our Feminist Buzzkills Podcast Will Paint the Whole Picture This Friday
The FBK team has assembled a line-up of powerful AF guests who can speak to this ruling from all angles. The guests include Attorney Stephanie Toti , who successfully argued the Whole Woman’s Health v. Hellerstadt [[link removed]] case before the Supreme Court; Idaho reproductive rights activist J en Jackson Quintano ; Idaho OB-GYN and abortion provider Dr. Caitlin Gustafson ; and Ryan Hamilton , a Texas activist who has been vocal about his and his wife's experience in accessing emergency abortion care. You don’t wanna miss it.
Reminder: AAF provides you with many ways to join the fight so head over to aafront.org/volunteer [[link removed]] to sign up and get to work with us!
DONATE [[link removed]]
Always here to keep you informed and engaged,
Lizz and the AAF team

Abortion Access Front
1001 6th Ave 12th floor
New York, NY 10018
United States
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