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- 01 30, 2025
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IN 2022, fiveEMTALAER Supreme Court justices wrote that they were returning the issue of abortion to “legislative bodies”. Two years on, that sounds like wishful thinking: the court finds itself right back in the middle of America’s abortion battle. A month ago the issue was —a fight opponents of abortion seem destined to lose. On April 24th the question was whether state bans that criminalise terminations are trumped by a federal law concerning emergency care.The Emergency Medical Treatment and Labour Act (), passed in 1986, requires hospitals receiving federal funding to offer “stabilising treatment” to people showing up in their emergency rooms (s). In 2022 the Biden administration notified hospitals that this duty includes offering abortion when a woman’s pregnancy poses immediate risks to her health. But a law passed that year—the Idaho Defence of Life Act—prohibits abortion except in cases of rape or incest, or when “necessary to prevent the death of the pregnant woman”. concerns cases where a woman’s health is at imminent risk but she is not at death’s door.