The U.S. Supreme Court has stepped away, for now, from a fight over Joe Biden’s pro-abortion agenda – and how it conflicts with state law in Idaho – returning the dispute to the 9th U.S. Circuit Court of Appeals for further arguments.
The U.S. Supreme Court has stepped away, for now, from a fight over Joe Biden’s pro-abortion agenda – and how it conflicts with state law in Idaho – returning the dispute to the 9th U.S. Circuit Court of Appeals for further arguments.
The court announced, in a terse, once-sentence ruling, that, « The writs of certiorari before judgment are dismissed as improvidently granted, and the stays entered by the court on January 5, 2024, are vacated. »
« This order means that the case returns to the Ninth Circuit, which had ordered that the appeal of the preliminary injunction be decided by the full court on an expedited basis without any further briefing. The abortion ban currently remains in place in Idaho, except for those in emergency room situations », said Liberty Counsel chief Mat Staver.
The fight is over Biden’s demands that hospitals perform abortion on demand.
The conflict arose because the Supreme Court overturned the legally flawed Roe opinion from 1973 that created a federal « right » to abortion, returning regulation of that lucrative industry to states.
Idaho, in a variation of what multiple states chose to do, chose to ban virtually all abortion.
Biden then directed his bureaucrats to try to find another way, any way, to force states to allow and hospitals to do abortion.
They settled on the Emergency Medical Treatment and Labor Act, a federal law that provides no one is denied « emergency » treatment at a hospital.
The bureaucracy, and several of the leftist, pro-abortion justices on the high court bench, claim that doing an abortion is required because it is an « emergency » treatment. Several leftists on the court wrote pages and pages about how they are demanding that become the standard across the nation: that hospitals MUST do an abortion when a patient and-or a doctor claims it is an emergency.
But Justice Samuel Alito, in comments joined by Clarence Thomas and Neil Gorsuch, explained that those urging support for the abortion industry are misrepresenting the law.
He explained, « This case presents an important and unsettled question of federal statutory law: whether the Emergency Medical Treatment and Labor Act (EMTALA), sometimes demands that hospitals perform abortions and thereby preempts Idaho’s recently adopted Defense of Life Act.
