Crowds outside the Supreme Court reacting Roe v. Wade overturned in 2022. (Fox News Photo/Joshua Comins)
The state can enforce its restrictions until a final ruling.
The latest debate comes as the court again confronts perhaps the nation's most divisive social issue, with several state voter referendums planned for the November elections over abortion rights. That includes Florida and New York, and possibly in Arizona, Colorado, Missouri, and other states.
The justices held separate arguments last month over nationwide access to the abortion drug mifepristone.
Rulings in both cases could dramatically shape how the issue plays out in the political dialogue this fall.
The current appeal arose after the Biden Justice Department sued Idaho, just two weeks after the Supreme Court's landmark 2022 ruling striking down Roe v. Wade and the nationwide constitutional right to abortion.
In an amicus brief filed with the justices, a group of nearly 700 doctors in Idaho said the state law was putting patients at risk when serious pregnancy complications arose.
WHY TRUMP IS DEFERRING TO THE STATES, AFTER WEIGHING AN ABORTION BAN AT 15 WEEKS
Pro-life women celebrate following the Supreme Court's decision to overturn Roe v. Wade, outside the Supreme Court in Washington, Friday, June 24, 2022. (AP Photo/Gemunu Amarasinghe)
But the state told the high court its ruling two years ago returning abortion matters to the states directly conflicts with the Biden administration's "politically significant" efforts to impose federal law.
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"The Biden administration reinterpreted the Emergency Medical Treatment and Active Labor Act (EMTALA) to create a nationwide abortion mandate in hospital emergency rooms that accept Medicare funding. That mandate — discovered nearly 40 years after EMTALA’s enactment — has no support in the statutory text. The mandate was an attempt to reimpose a federal abortion requirement, this time through the exercise of raw executive power."
A group of 22 GOP-controlled states led by Indiana are among those filing amicus briefs supporting Idaho's law.
The consolidated cases are Moyle v. U.S. and Idaho v. U.S. A ruling is expected in late June.
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