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The Supreme Court heard arguments this week about the legality of Idaho's near-total abortion ban, which criminalizes the procedure in all circumstances unless the life of the parent is at risk. It's the first such case to reach the high court since the conservative majority overturned Roe v. Wade in 2022. A key issue is whether a state ban can take precedence over the federal right to receive emergency care, including an abortion. The Biden administration argued that Idaho's law violates the Emergency Medical Treatment and Active Labor Act, or EMTALA. If the justices side with Idaho, it could have major implications for reproductive care and worsen racial disparities for healthcare in at least half a dozen other states with similar bans. "People are going to die," warns Karen Thompson, legal director of the nonprofit advocacy group Pregnancy Justice. "They are going to be bleeding out in hospital rooms. They're going to be dying from sepsis because doctors are not going to be able to make the choices that they need to make to give people the care that will save their lives in these emergency situations."
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In a historic ruling, Arizona's conservative Supreme Court has upheld an 1864 law banning almost all abortions in the state. The court sent out this warning: "Physicians are now on notice that all abortions, except those necessary to save a woman's life, are illegal." The 160-year-old law predates Arizona becoming a state and was passed decades before women could even vote. Although Arizona's Attorney General Kris Mayes said she will not enforce the "draconian law," the ruling sent shockwaves across the nation. "The central strategy of the anti-abortion movement is to roll back the clock to the Victorian era, because they know that they cannot win through the democratic process," says Amy Littlefield, abortion access correspondent at The Nation, who says conservatives supporting these unpopular restrictions face an uphill battle this fall. "Democrats are banking on this being a huge way to lift their boats in the next election." Activists are preparing a November ballot measure to enshrine abortion rights in the Arizona Constitution, and reproductive rights will be a key issue in the state's closely watched Senate race.
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