• Investing
  • Stock
Round Table Thoughts
  • Economy
  • Editor’s Pick
Home Economy SCOTUS to hear arguments in Biden’s lawsuit ‘subverting states’ rights’ on abortion
Economy

SCOTUS to hear arguments in Biden’s lawsuit ‘subverting states’ rights’ on abortion

by April 24, 2024
by April 24, 2024 0 comment
Share
0
FacebookTwitterPinterestWhatsapp

The Supreme Court is set to consider a second abortion case on Wednesday, this time dealing with claims by a Republican-led state that the Biden administration is attempting to wield a 40-year-old federal law as an ‘abortion mandate.’

On the heels of a debate over the Federal Food and Drug Administration’s regulation of an abortion pill, the high court will consider whether the Emergency Medical Treatment and Labor Act (EMTALA) preempts the state of Idaho’s newly enacted Defense of Life Act – which makes it a crime for any medical provider to perform an abortion with exceptions for rape, incest and life of the mother.  

The Justice Department argued that the state’s law does not go far enough to allow abortions in more medical emergency circumstances.

However, proponents of the state law say that the administration’s lawsuit against Idaho is attempting to use a federal statute as an ‘abortion mandate’ to benefit the president ahead of the 2024 elections.

‘Construing EMTALA as a federal abortion mandate raises grave questions under the major questions doctrine that affect both Congress and this Court,’ Idaho argued in legal filings. 

In an interview with Fox News Digital, Idaho Attorney General Raúl Labrador said, ‘The Supreme Court made it clear that it’s up to the states to decide what our laws should be and that it’s not for the federal government.’ 

‘But Joe Biden and his administration decided to come straight and sue us in federal courts.  We are excited to go before the Supreme Court to show that the state should be deciding these issues and not the federal government,’ he said.

The DOJ said in its response to the high court that while Idaho’s law makes it a felony for a doctor to terminate a pregnancy unless doing so is ‘necessary’ to prevent the patient’s ‘death,’ that exception is ‘narrower’ than EMTALA, which by its terms ‘protects patients not only from imminent death but also from emergencies that seriously threaten their health.’ 

However, Idaho accused the administration of ‘construing the spare phrase’ in the federal law ‘as a blank slate to be filled with the Executive Branch’s preferred abortion policy collides with multiple statutory provisions guaranteeing emergency medical care for a pregnant woman and her unborn child.’ 

‘It’s clear that the administration is just manipulating EMTALA and that both laws should be able to coexist,’ John Bursch, senior litigator at civil rights firm Alliance Defending Freedom and co-counsel in the case, told Fox News Digital in an interview.

‘If a woman’s life is in danger, Idaho’s Defense of Life Act makes it clear that the women should be treated and helped. Because in that instance, when the mom’s life is in danger, it’s not an abortion in Idaho or any of the other 49 states,’ he said.

But the White House says that the 21 states enforcing abortion bans are causing ‘chaos and confusion.’

‘These extreme state laws have caused chaos and confusion, and women are being denied the essential care they need. But these dangerous state laws do not change the responsibility that health care providers have to their patients in emergencies covered by the federal Emergency Medical Treatment and Labor Act,’ White House spokesperson Kelly Scully told Fox News Digital.

‘The Biden-Harris Administration has long been clear that federal law requires hospitals to offer health and life-saving care to patients in an emergency. The Administration remains focused on working with doctors, hospitals, and patients to make these federal requirements clear while the Department of Justice defends that understanding in the Supreme Court. No woman should be denied the care she needs,’ she said. 

The Center for Reproductive Rights also filed a lawsuit in September 2023, calling Idaho’s abortion ban ‘a six-week ban that has ‘vigilante’-style civil liability provisions.

The Center filed the suit on behalf of seven plaintiffs: four women who were denied medically necessary abortion care in their home state, two Idaho physicians who provide obstetrical care, and a professional membership organization consisting of Idaho physicians, medical residents and medical students.

EMTALA is a federal statute signed by then-President Reagan in 1986 after earning bipartisan congressional support, designed to prevent hospitals from turning away indigent patients who are in critical need of medical care and offer the same ‘stabilizing’ care they would to a patient who could pay or is covered by insurance.

After the Dobbs decision in 2022, which overturned Roe v. Wade and left states to decide their own abortion limitations, Bursch said the Biden administration, for the first time in the law’s history, used it to impose an ‘abortion mandate.’

A district court sided with DOJ and ordered a preliminary injunction of the state’s law. The Ninth Circuit affirmed that decision, which Idaho then appealed to the Supreme Court. Oral arguments are set for April 24. 

‘What the Biden administration wants to do is take this law and turn it into an abortion enclave in emergency rooms,’ Bursch said. ‘And to the point where even if a patient came in, and they said that they were in critical condition because of a mental health problem, like depression, or anxiety, that would give doctors a carte blanche ability to ignore laws like Idaho’s and take the life of the innocent child, and EMTALA doesn’t say anything like that.’ 

Bursch added that what he believes is ‘so ironic’ is that following the Dobbs decision, President Biden himself said that he disagreed with the decision, but that he understood that states operating through the democratic process would get to decide what abortion laws would control each state. 

‘And it was only a matter of weeks later that he changed course and said, ‘oh no, the federal government is just going to impose this new requirement by reinterpreting EMTALA in a way that it’s never been interpreted in its nearly four-decade history.’

 ‘It is subverting states’ rights. It’s pushing abortion on states that don’t want it, and it’s all blatantly illegal,’ he said.

Stephen Billy, vice president of state affairs for SBA Pro-Life America, said the administration’s novel legal challenge to a state’s abortion law looks politically motivated ahead of the November elections amid Biden’s dwindling poll numbers. 

‘The Biden administration doesn’t feel like they have any other issue to run on, and it’s clear what they’re going to talk about and what they’re trying to run on. Whether abortion is going to be a campaign issue or not, the Biden administration is going to try to make it one,’ he added.

Billy cited the Women’s Health Protection Act, which Democrats in Congress attempted to pass last year. It would have legalized virtually limitless abortion nationwide, but ultimately failed.

‘Congress’s opposition to that comes from the will of the people who sent the elected representatives to D.C., and they have very little national support when you look at the polling for the extreme position of the Women’s Health Protection Act,’ said Billy.

‘So Biden turned to executive action, ignoring the text of laws and just trying to use executive fiat to expand abortion on demand wherever you can, and however you can. And EMTALA is just one example of that,’ he said. 

Billy added that he believes the Biden administration is using ‘fear and scare tactics’ around the issue. 

‘The entire case is basically a claim that women can’t get medical care,’ he said, but noted that every ‘pro-life state’ allows for a mother’s health exception and allows doctors to act when there’s a medical emergency. 

‘They are trying to use that fear to drive a political agenda and to save their campaign because they don’t really have anything else to run on,’ he said. 

The Justice Department declined to comment on pending litigation.

This post appeared first on FOX NEWS
You Might Also Like
  • Doctors express concern about Biden’s apparent cognitive issues during debate: ‘Troubling indicators’
  • Lindsey Graham tells UN International Court of Justice to ‘go to hell’ over ruling against Israel
  • Assault on conservative groups: 10 things you need to know about Southern Poverty Law Center
  • Trump rally-goers refuse to waver support for former president amid legal troubles: ‘Even if he’s in jail’
Share
0
FacebookTwitterPinterestWhatsapp

previous post
Senate approves $95B aid package for Ukraine and Israel, TikTok divestment, awaits Biden’s signature
next post
New stealthy submarine glider set for autonomous undersea missions

You may also like

Bitcoin and Ethereum Trends: Channel Analysis & Entry Points

November 6, 2024

Judge: School district can bar student from wearing Mexican and...

May 28, 2023

Putin assisting Maduro regime amid ongoing protests over rigged election...

August 29, 2024

Minority groups sound alarm on AI, urge feds to protect...

June 21, 2023

House GOP blame game erupts after Johnson forces through $95B...

April 23, 2024

Eric Swalwell spent more campaign cash on travel and luxury...

February 21, 2023

Jewish activists blast ‘Squad’ Dem for ‘appalling’ defense of Farrakhan...

March 13, 2024

Israel considers preemptive strike on Iran as tensions escalate: report

August 5, 2024

Biden likely to keep same routine, accomplish ‘nothing’ in waning...

July 25, 2024

Venezuela’s Maduro faces political meltdown: Rivals claim election ‘fraud’ proof,...

July 30, 2024

    Stay updated with the latest news, exclusive offers, and special promotions. Sign up now and be the first to know! As a member, you'll receive curated content, insider tips, and invitations to exclusive events. Don't miss out on being part of something special.


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • The V Reversal is Impressive, but is it Enough?

      May 9, 2025
    • Krispy Kreme stock plunges after doughnut chain pauses McDonald’s rollout, pulls outlook

      May 8, 2025
    • Don’t Buy Robinhood Stock… Until You See This Chart Setup

      May 8, 2025
    • UnitedHealthcare sued by shareholders over reaction to CEO’s killing

      May 8, 2025
    • The Unpredictable Stock Market: How to Make Sense of It

      May 8, 2025

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be...

      June 27, 2024 2,633 views
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as...

      August 9, 2024 2,339 views
    • 3

      Biden appointee played key role in recruiting Chinese...

      June 25, 2024 2,321 views
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful...

      July 10, 2024 2,303 views
    • 5

      Harris VP pick spent years promoting research facility...

      August 29, 2024 2,186 views

    Categories

    • Economy (7,009)
    • Editor's Pick (2,066)
    • Investing (538)
    • Stock (2,531)

    Popular Posts

    • 1

      Trump-era China sanctions ended by Biden may be revived under new House GOP bill

      June 27, 2024
    • 2

      Walz’s honeymoon with China gets fresh scrutiny as Harris camp blasts ‘lying’ critics

      August 9, 2024
    • 3

      Biden appointee played key role in recruiting Chinese businesses to Delaware: ‘Longtime friends’

      June 25, 2024
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful of Chinese spy threats

      July 10, 2024
    • 5

      Harris VP pick spent years promoting research facility that collaborated with ‘Chinese military company’

      August 29, 2024

    Latest News

    • The V Reversal is Impressive, but is it Enough?

      May 9, 2025
    • Krispy Kreme stock plunges after doughnut chain pauses McDonald’s rollout,...

      May 8, 2025
    • Don’t Buy Robinhood Stock… Until You See This Chart Setup

      May 8, 2025

    Categories

    • Economy (7,009)
    • Editor's Pick (2,066)
    • Investing (538)
    • Stock (2,531)

    Disclaimer: RoundTableThoughts.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2024 RoundTableThoughts.com. All Rights Reserved.

    Round Table Thoughts
    • Investing
    • Stock
    Round Table Thoughts
    • Economy
    • Editor’s Pick

    Read alsox

    Tim Scott bill requires app stores...

    May 30, 2023

    Vivek Ramaswamy sounds off on potential...

    August 23, 2024

    GOP governor vows ‘we will not...

    September 16, 2023
    Sign In

    Keep me signed in until I sign out

    Forgot your password?

    Password Recovery

    A new password will be emailed to you.

    Have received a new password? Login here