Supreme Court Rulings on Emergency Abortions and State Protections
Federal Ruling on Idaho Emergency Abortions
The Supreme Court cleared the way Thursday for Idaho hospitals to provide emergency abortions for now in a procedural ruling that left key questions unanswered and could mean the issue ends up before the conservative-majority court again soon. The ruling came in a case filed against Idaho by the Biden administration, which argued that doctors must be allowed to provide emergency abortions under a federal law when a pregnant woman faces serious health risks.
In response to these arguments, Idaho had pushed back, arguing that its law does provide an exception to save the life of a pregnant patient and federal law doesn’t require expanded exceptions. However, doctors in Idaho said that the law wasn’t clear on when they could provide abortions in emergencies, forcing them to airlift pregnant women to other states for emergency care on several occasions since the high court had allowed the ban to go into effect in January. As a result, a 6-3 majority reinstated a lower court order that had allowed hospitals in the state to perform emergency abortions to protect a pregnant patient’s health.
Legal Developments in Iowa
Regarding regional developments, the Iowa Supreme Court has reversed a 2018 court ruling that established strong legal protections for abortion under the state constitution. In the ruling issued Friday, the majority opinion of the court found that the previous ruling lacks textual and historical support and “insufficiently recognizes that future human lives are at stake.”
Furthermore, the state’s highest court also reversed a lower court’s decision overturning a 2020 law that requires a 24-hour waiting period for those seeking an abortion. In a statement issued Friday morning, Gov. Kim Reynolds called the ruling “a significant victory in our fight to protect the unborn.” Conversely, Rita Bettis Austen, the legal director of ACLU Iowa, called the ruling a “devastating reversal,” stating that “the intention is to try to restrict and ultimately ban abortion.”
Summary of Court Actions
| Jurisdiction | Subject | Outcome |
|---|---|---|
| U.S. Supreme Court (Idaho) | Emergency Abortions | Reinstated lower court order allowing emergency care for now |
| Iowa Supreme Court | State Constitutional Protection | Reversed 2018 ruling; reinstates 24-hour waiting period review |
Implications for the Future
The opinion means the Idaho case will continue to play out in lower courts, and could end up before the Supreme Court again. It doesn’t answer key questions about whether doctors can provide emergency abortions elsewhere, a pressing issue as most Republican-controlled states have moved to restrict the procedure in the two years since the high court overturned Roe v. Wade. In Iowa, it will be significantly easier for the legislature to pass legislation further restricting – even banning – abortion in the state.