WASHINGTON — Conservative Supreme Court justices appeared skeptical Wednesday that state abortion bans that took effect after the sweeping ruling overturning Roe v. Wade violate federal health care law, even during some medical emergencies.
The Justice Department says abortion care must be allowed in emergencies that seriously threaten a woman's health under a federal health care law that requires hospitals accepting Medicare to provide emergency care regardless of patients' ability to pay. “Within these rare cases, there’s a significant number where the woman’s life is not in peril, but she’s going to lose her reproductive organs. She’s going to lose the ability to have children in the future unless an abortion takes place,” said Justice Elena Kagan.
The Supreme Court has allowed the Idaho law to go into effect, even during emergencies, as the case has played out. It makes performing an abortion a felony punishable by up to five years in prison. Meanwhile, complaints of pregnant women being turned away from U.S. emergency rooms spiked after the Supreme Court overturned Roe v. Wade, according to federal documents obtained by The Associated Press.
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