hearing is on:

Quote:

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whether emergency rooms in Idaho can provide abortions to pregnant women in an emergency. The Biden administration contends that a federal law known as the Emergency Medical Treatment and Labor Act can in some narrow circumstances trump a state law that criminalizes most abortions in the state. The state rejects the government's interpretation of EMTALA as "an exercise of raw executive power," while its Republican legislature condemns it as "an intolerable federal power grab." They counter that the law does not require physicians to provide specific medical treatments, much less requires hospitals to perform abortions.

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the case is still at preliminary injunction stage, so we may not get a full-on merits argument/decision, but interesting to follow




https://www.scotusblog.com/2024/04/supreme-court-to-hear-emergency-abortion-dispute-out-of-idaho/

kagan:

EMTALA statute clearly says ER has to provide treatment to ensure no material deterioration occurs,


What I wish lawyer had said:

abortion is a pretty severe deterioration in condition

BMX Bandit said:

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kagan:

what about a situation where a mother will lose her reproductive organs and not be able to have any kids in the future unless she has the abortion?


mind boggling she does not see how sick that question is. we have to kill this baby so you can maybe have another baby later.

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For example?

I don't know of one, but the idaho attorney conceded that during legislative hearings the state's own experts agreed such a situation did exist. they didn't really get into the details at this hearing

evil

Are there extremely rare cases where an abortion is a medical necessity? Sadly, yes.

Is that what this is about, nope? This is the left trying to do an end run and override state laws by making abortions of convenience, which account for almost all of them, into an "emergency."

States need to include true medical emergencies in any laws they pass, because failing to do so just opens the door for the feds to pull crap like this.

"Dr. Jim Souza, chief physician executive for St. Luke's, said the hospital system last year saw 54 cases of previable preterm rupture of membranes."

That averages to more than one abortion a week for this particular hospital system.

Dr. Souza said six such patients have had to be transferred to other states for care since an injunction was lifted in January.

BMX Bandit said:

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kagan:

what about a situation where a mother will lose her reproductive organs and not be able to have any kids in the future unless she has the abortion?


mind boggling she does not see how sick that question is. we have to kill this baby so you can maybe have another baby later.

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When a woman has sex and gets pregnant, they have agreed to pregnancy and nothing else. The woman has not agreed to permanent damage to her organs. So if it turns out that the pregnancy will cause unforeseen harm, it is morally acceptable to get an abortion, because this is a form of self defense.

If you invite someone to your house to spend the night, and at midnight they sleepwalk and approach you with a knife, you have every right to self defense, even though you allowed them into your home AND the guest is unconscious.

Do we think the whole EMTALA law may be struck down by this? Leftists are freaking out like it is. Personally I'd like to see EMTALA go the way of the dinosaurs so we can start naturally bringing down the cost of healthcare.

Getting rid of EMTALA, which the Supreme Court seems poised to do, means that if you show up to an ER bleeding to death from a car accident, the hospital can decide if you look rich enough to save.

Pretty neat.

— The Annasthesiologist (@fuzzymittens) April 24, 2024

Madagascar said:

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Do we think the whole EMTALA law may be struck down by this? Leftists are freaking out like it is. Personally I'd like to see EMTALA go the way of the dinosaurs so we can start naturally bringing down the cost of healthcare.

Getting rid of EMTALA, which the Supreme Court seems poised to do, means that if you show up to an ER bleeding to death from a car accident, the hospital can decide if you look rich enough to save.

Pretty neat.

— The Annasthesiologist (@fuzzymittens) April 24, 2024

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Most likely not.

The left always goes so far off the rails and makes claims like that which never end up being true.

kagan is but one poster child as to why we never need another woman as a SC justice.

one safe place said:

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kagan is but one poster child as to why we never need another woman as a SC justice.

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Kagan being a woman is not the problem. The problem is she is an idiot with no working brain cells.

rgvag11 said:

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"Dr. Jim Souza, chief physician executive for St. Luke's, said the hospital system last year saw 54 cases of previable preterm rupture of membranes."

That averages to more than one abortion a week for this particular hospital system.

Dr. Souza said six such patients have had to be transferred to other states for care since an injunction was lifted in January.

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Dr Souza is a lying sack of s**t. PROM is not an indication for an emergency abortion. Sometimes the fetus does die in these cases in which a labor induction or a D&E may have to be performed. But that's not an "abortion" if the fetus is already dead.

There would be a level playing field in court if they understood calling out the morally corrupt baby killers lies. So polite turning a blind eye to the obvious moral corruption.

This literally recently happened to a married couple in Texas. Dyor.

I had a pregnant family member hit by a drunk driver at 18 weeks pregnant a few years ago. It caused a uterine rupture where she was profusely bleeding everywhere. Baby was still alive and probably could live for another day or two in optimal conditions, but there was no way the baby was making it to viability with the damage done. There was also no way mom was going to survive long enough to wait out the baby's eventual death. Ultimately, mom was saved, baby didn't make it. This was a choice everyone made together. She later went on to have another child.

I do not agree with elective abortions done at a surgical center just because you don't want the baby anymore. But I think there has to be some latitude allowed in emergency situations. If her doctor's all Spider-Man memed each other when she rolled in, it's very possible she'd be dead.