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Supreme Court Abortion
Abortion-rights activists rally outside the Supreme Court, Wednesday, April 24, 2024, in Washington. (AP Photo/Jose Luis Magana)

Supreme Court to consider when doctors can provide emergency abortions in states with bans

The Supreme Court is considering a case that will determine when doctors can provide abortions during medical emergencies in states with bans enacted after the high court’s sweeping decision overturning Roe v. Wade

By LINDSAY WHITEHURST
Published - Apr 24, 2024, 01:10 AM ET
Last Updated - May 27, 2024, 01:08 AM EDT

WASHINGTON (AP) — The Supreme Court will consider Wednesday when doctors can provide abortions during medical emergencies in states with bans enacted after the high court’s sweeping decision overturning Roe v. Wade.

The case comes from Idaho, which is one of 14 states that now ban abortion at all stages of pregnancy with limited exceptions. It marks the first time the Supreme Court has considered a state ban since Roe was reversed.

The Biden administration argues that even in states where abortion is banned, federal health care law says hospitals must be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk.

Idaho contends its ban has exceptions for life-saving abortions but allowing it in more medical emergencies would turn hospitals into “abortion enclaves.” The state argues the administration is misusing a health care law that is meant to ensure patients aren't turned away based on their ability to pay.

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