Conservative Supreme Court justices appeared skeptical Wednesday that state abortion bans that took effect after the sweeping ruling overturningThe case marks the first time the Supreme Court has considered the implications of a state ban since the nationwide right to abortion was overturned. It comes from Idaho, which is among 14 states that now ban abortion at all stages of pregnancy with very limited exceptions.
“How can you impose restrictions on what Idaho can criminalize, simply because hospitals in Idaho have chosen to participate in Medicare?” said Justice Samuel Alito, who wrote the decision overturning Roe v. Wade. 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.
Doctors have said Idaho’s abortion ban has already affected emergency care. More women whose conditions are typically treated with abortions must now be flown out of state for care, since doctors must wait until they are close to death to provide abortions within the bounds of state law.