Current Events > Supreme Court may end EMTALA today or in the very near future

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Kradek
04/24/24 3:27:09 PM
#1:


https://www.reuters.com/world/us/us-supreme-court-weighs-idahos-strict-abortion-ban-medical-emergencies-2024-04-24/

WASHINGTON, April 24 (Reuters) - U.S. Supreme Court justices, wading back into the battle over abortion access, appeared divided on Wednesday in a case pitting Idaho's strict Republican-backed abortion ban against a federal law that ensures that patients can receive emergency care.

The justices heard arguments in an appeal by Idaho officials of a lower court's ruling that found that the 1986 U.S. law at issue, the Emergency Medical Treatment and Labor Act (EMTALA), supersedes the state's near-total ban in the relatively rare circumstances when the two conflict.

President Joe Biden's administration, which sued Idaho over the abortion law, has urged the justices to uphold that ruling.

The court has a 6-3 conservative majority. No consensus seemed to emerge among the conservative justices, who expressed concerns including what protections federal law extends to "unborn children" and whether Congress had clearly spelled out that EMTALA can mandate abortion in certain emergency cases.

Conservative Justice Brett Kavanaugh asked U.S. Solicitor General Elizabeth Prelogar, representing the administration, to respond to Idaho's argument that EMTALA was meant to prevent emergency rooms from so-called patient dumping - turning away uninsured patients - instead of addressing "abortion or other specific kinds of care."
Prelogar said Congress used EMTALA to set a "baseline national standard of care" to ensure urgent conditions are addressed.

"Idaho cannot criminalize the essential care that EMTALA requires," Prelogar added.
The case has led the Supreme Court to revisit the fraught legal landscape it created with its June 2022 decision overturning the 1973 Roe v. Wade ruling that had legalized abortion nationwide.

Idaho is one of seven states to put in place in the past two years a near-total abortion ban with no exception to protect the health of pregnant patients, Prelogar said.

Idaho's so-called abortion "trigger" law, adopted in 2020, automatically took effect upon Roe's reversal. The state law bans nearly all abortions unless needed to prevent a mother's death, threatening doctors who violate it with two to five years in prison and loss of their medical license.

At the same time, EMTALA requires hospitals that receive funding under the federal Medicare program to "stabilize" patients with emergency medical conditions. Hospitals that violate EMTALA can face lawsuits by injured patients, civil fines and potentially the loss of Medicare funding.

So basically, EMTALA (Emergency Medical Treatment and Labor Act) makes it to where if a hospital wants to receive medicaid & medicare funding its emergency rooms are legally obligated to provide medical services and can't turn people away. Under the current wording, these hospitals are required to provide abortions if the health of the mother is at risk. Idaho's law conflicts with this as they want more dead women, so they think it should only be applied when the life of the mother is at risk.

Predictably, Thomas and Alito side with more dead women and made that position known pretty early.

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Sir_Will
04/24/24 3:31:05 PM
#2:


Republicans are evil.

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Xatrion
04/24/24 4:01:01 PM
#3:


Fuck the gop.

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DrizztLink
04/24/24 4:01:58 PM
#4:


The Supreme Court is a failed institution.

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mystic_belmont
04/24/24 4:04:03 PM
#5:


Don't worry, the USSC will rule that hospitals can turn away people for any reason they want.

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ClayGuida
04/24/24 4:07:03 PM
#6:


This is the rude awakening Americans need.

Conservatives hate you and hope you die.

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CyborgSage00x0
04/24/24 4:14:14 PM
#7:


They are now facing the consequences of their own stupid actions.

Not that it will matter. Alito and Thomas will rule against this, so it's +2 for the evil fucks out of the gates. It won't take much for the other fucks to twist this in a way that makes sense to them. Kav already is trying, with the "but was the bill originally passed for this intent?"

That isn't how laws work. Only the actual language matters. If that was the case, then the 1st wouldn't protect non-18th century technology free speech, no one would have a right to a gun, etc.

Not that hypocrisy has ever stood in the way of these idiots. Abortions are a legit medical procedure for emergency, life-saving needs. This isn't even an argument in a sane world.

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GeminiDeus
04/24/24 4:16:00 PM
#8:


I like how none of the illegal shit that came to light last year about Thomas has ended in any kind of consequences. Good job, USA.

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Hyena_Of_Ice
04/24/24 4:22:28 PM
#9:


They'll go with a "leave it up to the states" mandate. Gorsuch's main schtick is teh sakred free murketz. Alito and Thomas are religious extremists and far right. I can't remember what Kavanaugh's thing is, and I can't recall how ACAB always votes on these issues, except that she surprisingly doesn't adhere to her stereotype 100% of the time.
BTW, I've noticed that the chuds don't like ACAB as much as they like Thomas and Alito.

Of course, the core issue here is about medicare/medicaid funding. So I think the conservative justices are going to go the "give conscientious objector exemptions for pro-life medical staff" They may also go the dumb/loophole route and say "medicare/caid funds cannot go to these hospitals, but state-funded healthcare coverage plans funded by medicaid/medicare can, and it's up to the states if they want to do this"
While likely obscuring or omitting the fact that state healthcare plans or hospital funding programs use medicare/medicaid funds.

Not that it will matter. Alito and Thomas will rule against this, so it's +2 for the evil fucks out of the gates. It won't take much for the other fucks to twist this in a way that makes sense to them. Kav already is trying, with the "but was the bill originally passed for this intent?"

That isn't how laws work. Only the actual language matters. If that was the case, then the 1st wouldn't protect non-18th century technology free speech, no one would have a right to a gun, etc.

Actually, it does matter to some extent. E.g. if loophole abuse exists, IIRC the justices can add the closing of said loophole as a clause in their rulings, though usually there has to be some sort of precedent or constitutional logic for doing that.
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Kradek
04/24/24 4:32:10 PM
#10:


Hyena_Of_Ice posted...
and I can't recall how ACAB always votes on these issues, except that she surprisingly doesn't adhere to her stereotype 100% of the time.

The person I was hearing about this from was saying it sounded like she was echoing Sotomayor's questioning and commented that it may be because she's a woman and as such they obviously see abortion/bodily autonomy rights, as well as the healthcare associated with it, very differently than men who think women should just be breeding sows and cooks.

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Hikewne
04/24/24 9:43:28 PM
#11:


Kradek posted...
The person I was hearing about this from was saying it sounded like she was echoing Sotomayor's questioning and commented that it may be because she's a woman and as such they obviously see abortion/bodily autonomy rights, as well as the healthcare associated with it, very differently than men who think women should just be breeding sows and cooks.

She jumped in after a question from Sotomayor to Idaho and said Im kind of shockedyour own expert had said below that these kinds of cases were covered, and youre now saying theyre not?Well, youre hedgingJustice Sotomayor is asking you would this be covered or not, and it was my understanding that the legislators witnesses said that these would be coveredSome doctors might reach a contrary conclusionis what Justice Sotomayor is asking youWhat if a prosecutor thought differentlythat no good faith doctor could draw that conclusionwould that doctor be prosecuted?

Later she said But why are you here? In response to Idahos argument that the federal law and Idahos law basically were not contradictory. Well, hold on a secondyoure here because there is an injunctionand if your law can fully operate because EMTALA doesnt curb Idahos authority to enforce its law

It really was hard to follow Idahos legal argument here. It seemed to be far reaching to the point that they want to invalidate EMTALA, but then it somehow became Idahos law is compliant with EMTALA.

Its not a surprise, but she also asked if Idaho has conscience exemptions for doctors who would not want to perform abortions, etc.

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Horith
04/24/24 9:55:42 PM
#12:


Hikewne posted...
It really was hard to follow Idahos legal argument here. It seemed to be far reaching to the point that they want to invalidate EMTALA, but then it somehow became Idahos law is compliant with EMTALA.

Since when did bad legal arguments get in the way of the SC gutting both legal protections for people and enforcement tools for the federal government? Kav asking about the intent of the law is a pretty strong signal hell twist himself into knots to support Idaho. Thomas and Alito dont give a fuck so long as they can screw the liberals over (and anyone else along with them is acceptable collateral damage). Roberts and Gorsuch dont have any need for maintaining the pretense that theyre fair-minded. And I believe ACB is leaning against Idaho as much as I believed she was being honest about respecting Roe as settled law.

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Hikewne
04/24/24 10:06:44 PM
#13:


Horith posted...
Since when did bad legal arguments get in the way of the SC gutting both legal protections for people and enforcement tools for the federal government? Kav asking about the intent of the law is a pretty strong signal hell twist himself into knots to support Idaho. Thomas and Alito dont give a fuck so long as they can screw the liberals over (and anyone else along with them is acceptable collateral damage). Roberts and Gorsuch dont have any need for maintaining the pretense that theyre fair-minded. And I believe ACB is leaning against Idaho as much as I believed she was being honest about respecting Roe as settled law.

You have a good point - with this court, it doesnt seem to matter what the legal arguments actually are or what the scope should be. They could very well declare EMTALA unconstitutional and it wouldnt surprise me. I listed things that ACB said during oral arguments today, I never made any claims as to how anyone would rule.

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CADE_FOSTER
04/24/24 10:14:01 PM
#14:


Sir_Will posted...
Republicans are evil.

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DoesntMatter
04/24/24 10:30:55 PM
#15:


yeah this is sadly not surprising. this illegitimate SCOTUS wants to turn the US into The Handmaid's Tale.

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RchHomieQuanChi
04/24/24 10:33:41 PM
#16:


As a country, we should just collectively pretend like the Supreme Court doesn't exist. Fuck them.

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CADE_FOSTER
04/24/24 10:41:14 PM
#17:


RchHomieQuanChi posted...
As a country, we should just collectively pretend like the Supreme Court doesn't exist. Fuck them.
Texas ignored the scotus why cant we
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Kradek
04/24/24 10:44:34 PM
#18:


Hikewne posted...
She jumped in after a question from Sotomayor to Idaho and said Im kind of shockedyour own expert had said below that these kinds of cases were covered, and youre now saying theyre not?Well, youre hedgingJustice Sotomayor is asking you would this be covered or not, and it was my understanding that the legislators witnesses said that these would be coveredSome doctors might reach a contrary conclusionis what Justice Sotomayor is asking youWhat if a prosecutor thought differentlythat no good faith doctor could draw that conclusionwould that doctor be prosecuted?

Later she said But why are you here? In response to Idahos argument that the federal law and Idahos law basically were not contradictory. Well, hold on a secondyoure here because there is an injunctionand if your law can fully operate because EMTALA doesnt curb Idahos authority to enforce its law

It really was hard to follow Idahos legal argument here. It seemed to be far reaching to the point that they want to invalidate EMTALA, but then it somehow became Idahos law is compliant with EMTALA.

Its not a surprise, but she also asked if Idaho has conscience exemptions for doctors who would not want to perform abortions, etc.

Appreciate the clarification. It does seem like Idaho went into this with a "fuck the federal government only state rights on abortion matter!" and while there realized "oh shit, I forgot the Supremacy Clause exists, who can we still argue for this?"

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GrandConjuraton
04/24/24 10:45:43 PM
#19:


DoesntMatter posted...
yeah this is sadly not surprising. this illegitimate SCOTUS wants to turn the US into The Handmaid's Tale.


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CommonStar
04/24/24 11:00:24 PM
#20:


So when can we start expanding the court and packing it? Or are we still pretending that it's a slippery slope as if Republicans won't do it anyway when they get into power.
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Scardude
04/24/24 11:17:33 PM
#21:


CommonStar posted...
So when can we start expanding the court and packing it? Or are we still pretending that it's a slippery slope as if Republicans won't do it anyway when they get into power.
They can wait until they are in office to do it again. Malice has patience.

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darkace77450
04/24/24 11:41:11 PM
#22:


CommonStar posted...
So when can we start expanding the court and packing it? Or are we still pretending that it's a slippery slope as if Republicans won't do it anyway when they get into power.

Packing the court to gain a political edge is unethical. Or at least thats what Republicans keep telling us.

https://twitter.com/mattyglesias/status/1777792000101687582

Then again, its always projection with Republicans and their objections should mean jack shit, so carry on.

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Kradek
04/24/24 11:56:06 PM
#23:


darkace77450 posted...
Packing the court to gain a political edge is unethical. Or at least thats what Republicans keep telling us.

https://twitter.com/mattyglesias/status/1777792000101687582

Then again, its always projection with Republicans and their objections should mean jack shit, so carry on.

Yep, the fact that this is the reason that state is now suffering with an 1868 law being reinforced just makes it so much more apparent how Dems needs to do it as well, in the interest of preserving and/or expanding upon our freedoms.

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#24
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ClayGuida
04/25/24 12:00:38 AM
#25:


The fact that the court ruled on a hypothetical forever taints it.

And it should forever end these judicial confirmation hearings where they refuse to answer hypothetical's.

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#26
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Charismic_Zach_Gowen
04/26/24 3:15:01 PM
#27:


Biden administration should strip the funding anyway. Let Roberts enforce it.

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Kradek
04/26/24 4:45:30 PM
#28:


[LFAQs-redacted-quote]


Too true. Thomas is the oldest at 77, I believe, so even if he stays as long as he can he's only got so long left.

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[deleted]
04/27/24 7:04:59 PM
#30:


[deleted]
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#29
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Kradek
04/28/24 12:47:56 AM
#31:


[LFAQs-redacted-quote]


Word, when I think about how people like Chuck Grassley and Mitch McConnell are still fucking in Congress it infuriates me. I guess channeling the dark side really does have longevity benefits.

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