A Cruel and Risky Abortion Ban Versus an Overreaching Interpretation of Federal Law

There are no good sides in today's Supreme Court case concerning the EMTALA and abortion.

How at risk must a pregnant woman be before she's allowed to get an abortion? That's the issue underlying a case before the U.S. Supreme Court today, though the central question before the court is whether a 1986 federal law called the Emergency Medical Treatment and Labor Act (EMTALA) preempts state abortion bans like one passed in Idaho in 2020.

The federal government says that under the EMTALA, hospitals have a duty to provide abortions to patients whose health is threatened, even in states where abortion bans only leave exceptions for life-threatening emergencies.

Cruel and Dangerous Bans…

Abortion bans with no health exception are horrible for women and for medical professionals. Oregon doctor Jennifer Lincoln referred to them as "not dead enough yet" rules. If a pregnant woman shows up at a doctor's office or hospital with serious and potentially-but-not-yet life-threatening complications, doctors' hands are tied.

Under such a paradigm, performing an abortion is illegal until it's certain a woman's life itself is in jeopardy. This leaves women in the terrible position of having to wait while their health worsens, knowing all the while that a (possibly much-wanted) pregnancy cannot continue and also that the longer they wait, the greater the chance of damage to their reproductive organs or other body parts. And steep penalties for performing an abortion outside of life-threatening emergencies may lead some doctors or health systems to be overly cautious from a liability perspective, further putting pregnant women's health at risk.

Meanwhile, doctors are put in the position of having to either send women in such circumstances out of state if possible or simply watch and wait while their patient's condition deteriorates.

Abortion bans without health exceptions are cruel and dangerous. They put both pregnant women and health care professionals in an impossible bind, trying to decide just how bad a pregnant woman's health must be before an abortion is legally possible.

But does that mean the Biden administration can simply declare them void?

Overreaching Correction

That's essentially what it's done in invoking the EMTALA, a law that requires hospitals that accept Medicaid and Medicare to provide stabilizing care to people undergoing medical emergencies. The Department of Health and Human Services (HHS) says that when a woman presents at a hospital with a health emergency and the "stabilizing treatment" needed is an abortion, hospital staff must perform an abortion, even if state law may say otherwise.

As much as I agree with the Biden administration on the problems of abortion bans without health exceptions, the way the administration has gone about trying to remedy this makes me uncomfortable. It seems bad on principle and bad for the precedence it sets.

In general, we want policy to be set by voters and/or their elected representatives. We shouldn't have national policy being set by bureaucrats interpreting decades-old laws in novel ways to backdoor-in the preferred policy goals of whatever an administration is in power.

People in states without health exceptions could (in some states at least) try to change the law through a ballot initiative. Their lawmakers could pass a measure requiring such an exception. Or Congress could pass a law explicitly requiring what the administration is interpreting the EMTALA to already mean. HHS simply declaring that federal law already means doctors must perform abortions in health-threatening circumstances might be the most efficient way to accomplish this goal, but it's not the way that U.S. policy should be set.

Today's Court Case

Today's SCOTUS case stems from Idaho, where performing an abortion is a criminal act unless a doctor determines "that the abortion was necessary to prevent the death of the pregnant woman" or the pregnancy is the result of a reported rape or incest. Idaho's ban, passed in 2020, was triggered into law when the Supreme Court overturned Roe v. Wade in 2022.

The Biden Administration says Idaho's law conflicts with the EMTALA and, under the doctrine of preemption, the federal law should win out.

But Idaho argues that its abortion law doesn't conflict with the EMTALA, since (among other reasons) the EMTALA expressly states that "the provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section."

In 2022, the Biden administration sued to stop Idaho's law from taking effect. Initially, a U.S. District Court issued a temporary injunction against enforcement of the ban. But a 3-judge panel of the U.S. Court of Appeals for the 9th Circuit agreed with Idaho that the EMTALA did not conflict with Idaho law.

"EMTALA was enacted to ensure that the poor and uninsured receive emergency medical care at hospitals receiving Medicare reimbursement. It provides certain procedures that hospitals must follow but does not set standards of care or specifically mandate that certain procedures, such as abortion, be offered," wrote the appellate judges. "But even assuming that EMTALA did require abortions in certain, limited circumstances, it would not require abortions that are punishable by [Idaho's abortion ban]. So it still would not be impossible to comply with both EMTALA and [Idaho law]."

The case made it to the Supreme Court, which in January allowed the law to take effect as the case plays out.

The Court will now decide whether the EMTALA preempts state laws like Idaho's abortion ban.

More Sex & Tech News

• The TikTok divestiture-or-ban bill I covered in this newsletter on Monday has now passed the U.S. Senate and is expected to be signed by President Joe Biden. It looks like the courts are going to have to save us from this one now.

• Former President Donald Trump tried to ban TikTok during his presidency. Now that Democrats are for it, he's against it, of course.

• AI-written police reports—what could go wrong?

Today's Image

women's march, D.C. | 2018 (ENB/Reason)

 

Comments

[Dillinger]

>>There are no good sides in today's Supreme Court case concerning the EMTALA and abortion.

which side sides with life?

>>Abortion bans without health exceptions are cruel and dangerous.

interstate travel bans are cruel and dangerous.

[Social Justice is neither]

ENB and her fellow murder activists have proclaimed every inconvenience of a pregnant person (gotta be inclusive) to be health risk and now are shocked that nobody takes their proclamations of health risks seriously.

[SQRLSY One]

Oklahoma now vying with Idaho for most fanatical!
https://news.yahoo.com/woman-cancerous-pregnancy-told-wait-215500885.html
Woman with Cancerous Pregnancy Was Told to Wait in Parking Lot Until She Was 'Crashing'

https://www.mayoclinic.org/diseases-conditions/molar-pregnancy/symptoms-causes/syc-20375175
From there, we see that MOLAR PREGNANCIES ARE NEVER VIABLE!!! Yet fascist assholes like sore-in-the-cunt cuntsorevaturds want to endanger women in the Sacred Name of Unique Human DNA, which is present in a womb-slave!
From the listed source…
There are two types of molar pregnancy — complete molar pregnancy and partial molar pregnancy. In a complete molar pregnancy, the placental tissue swells and appears to form fluid-filled cysts. There is no fetus.
In a partial molar pregnancy, the placenta might have both regular and irregular tissue. There may be a fetus, but the fetus can’t survive. The fetus usually is miscarried early in the pregnancy.

Hear me out now:
Ass things “progress” under the rules of the cuntservaturds who will conserve NOTHING other than their own POWER, there will come a day when some slime-sucking greedy bottom-dwelling lawyer (but I repeat myself, and hope NOT to give them too many new ideas!) will figure out that ambulance drivers are “medical providers”. LITERAL ambulance-chasers will then chase ambulances, looking for driving accidents (even causing them?), in hopes that a Sacred Fartilized Egg Smell will be harmed (or just-maybe harmed) in an auto accident! Ka-ching, baby, ka-ching, all the way to the bank!

In no time at all, ambulance owners and drivers (if they value their money and freedom), will be forced to REFUSE service to ALL birth-capable and birthing-aged persons!!! You first heard it from me, and, I will then say, “I told you so”!

In the right-wing mind, the difference goes like this:

***IF*** you are a friend of “Team R”, then if your pregnancy comes to an end for ANY reason, without a live birth, then it is called a “miscarriage”, and… “Your sins are forgiven, my child!”

***IF*** you are NOT a friend of “Team R”, then if your pregnancy comes to an end for ANY reason, without a live birth, then it is called an “abortion”, and… “YOU AND your doctor MUST be severely PUNISHED, ye Evil Slut!”

[Ben of Houston]

Look, I'm sorry, but I can't believe any of this.
We have been openly lied to for so long that I cannot believe these articles on face value. Additionally, many of these claims are demanding concessions that are already codified in state laws.

Just like the pre-teen who was "denied" an abortion all over the news, when the request had already been approved before the first publications hit the web.

We can cope with different opinions and conclusions. However, we cannot work when outright lies are normal operation.

[SQRLSY One]

If' ye can't believe "Woman with Cancerous Pregnancy Was Told to Wait in Parking Lot Until She Was ‘Crashing’"...

...Then try this on for size:

https://reason.com/2022/07/19/idaho-state-gop-says-abortion-should-be-illegal-even-when-used-to-save-a-womans-life/

God told you that abortion was a sin... God told me that it was NOT a sin, in MANY circumstances! So who is telling the "outright lie", and what data do you have to present, to prove the difference? Who is who, and where is the data?

[Graf Fuddington von Fuddrick]

It’s the kitchen sink strategy. The same think death penalty opponents do.

[mad.casual]

You know it’s funny, I routinely point out the case of Bragdon v. Abbott, a case where Rehnquist, Scalia, Thomas, and O’Connor (Historic! First!) were in the minority dissent.

A case where SCOTUS definitively ruled that a medical professional cannot use their own expertise in their own defense and/or denial of service even in their own private practice.

The funniest part about it is the exact same tortured logic, when the shoe is on the other foot, demonstrates that, once again, these people don’t claim science or women’s health or agency or the public good or healthcare safety or burden or any of the above as principle or policy and it’s purely about forcing people to bend the knee and any excuse, no matter how preposterous, will do. Bragdon offered to perform the procedure in an OR because he couldn’t guarantee his other patient’s safety in his office. It should be noted that this was a few years after Dr. Acer infected Kim Bergalis with HIV shortly before dying. The asymptomatic case of HIV that Abbott carried, that didn’t actually affect her ability to reproduce, was declared a disability because it affected a reproduction and reproduction is a major life activity (or similar nonsense).

They are lying. They aren’t even lying nobly. They are lying so they can advance infanticide. Their assertions of noble lying on behalf or women or science or medicine or public health or personal liberty are lies. They are lying so they don’t have to compromise while committing infanticide. If you force them to compromise they will lie about you. If you do anything else they don’t like they will lie. Even if those lies don’t jive with their other lies they used to justify infanticide.

[Dillinger]

100% this.

[MrMxyzptlk]

You sound like a Republican voter. Reason has clearly given up on the LP recruitment strategy of targeting Republicans who feel disenfranchised by their party becoming the Socialism Light Party. That's because it hasn't worked for 5 decades. Republicans are clearly fine with being the Socialist Lite party and won't come over to the side of real individual liberty.

So all your bitching and whining about being "lied" to is irrelevant. Reason is trying a new strategy, going after Democrats who were left behind as their party shifts hard left, like Tulsi Gabbard. She's sounding a lot more libertarian in interviews ever since the Clinton Machine steam rolled her campaign and she realized that the party of her youth was long gone.

So I guess, suck it up butter cup because we don't give a shit what you want. You're no longer the kind of people we want in the party. Don't let the door hit you on the ass on the way out.

[diver64]

I find it hilarious that those on the left screaming the loudest for "reproductive rights" also known as abortion and for the government to keep their hands off their bodies are the same people who had no problem screaming at you to get an experimental injection fully supporting government forcing you to whether you wanted it or not

[MrMxyzptlk]

There are plenty of right wing types who support mandatory vaccinations to prevent pandemics.

[Wizard4169]

Fuck your bullshit, there was nothing “experimental” about covid vaccines. It just turns out daily body counts in four digits were enough to get people to light a fire under the FDA’s ass and refuse to tolerate their usual foot-dragging. And no one was “forced” to take the vaccine, they just weren’t allowed to endanger others if they didn’t.

[LIBtranslator]

See? The girl-bullying looter seeks to associate Libertarians (who wrote Roe in 1972) with the other, less mystical faction of coercive looter fanaticism. Rotsa ruck with that.

[Wizard4169]

Let's see now. Idaho bans abortions to protect the mother's health, insisting that pregnancies continue even if there's effectively zero chance of them resulting in a healthy, viable baby. Oh, and if the woman might suffer injuries that would make it difficult or impossible for her to have children in the future, well fuck that bitch. But they allow abortions in cases of rape. That means that according to their own logic they're perfectly okay with executing babies for crimes committed by their sperm donors. More pretzel logic from the Pro-Liars.

[LIBtranslator]

Well now! THAT resort to the unvarnished facts of reality is sure to stir up every cowardly, girl-bullying, masked Army of God christianifascist wanker on the banned list fer shoor! Light dem torches, honkies! Grit dem greene teeth!

[TJJ2000]

As-if this article doesn't articulate exactly which side sides with life. You can't 'kill' what has no inherent life to begin with so Pro-Life is putting *real* people's inherent life at risk due to their *imaginary* unicorns.

[Dillinger]

yes yes, we disagree.

[TJJ2000]

And that's fine. Only a Power-mad dictator thinks everyone has to agree with them.

[Dillinger]

word.

[Graf Fuddington von Fuddrick]

Babies are alive. Well, until you murder them.

[TJJ2000]

Let me know when you find a baby anywhere short of a figment of your imagination.

[Graf Fuddington von Fuddrick]

Babies don’t exist? So did you spring to life out of the air, fully grown? If you want to see some, go look through a maternity ward at your local hospital.

The ones who weren’t murdered start out there.

[TJJ2000]

A maternity ward? Don’t you mean an abortion clinic? Good grief Pro-Life power-mad nutjobs can’t even keep their own arguments in the same place.

The funnier part is 'spring to life' was determined by you as being 'fully grown'. I thought Pro-Life's entire argument was that I was already a person at the very point of conception.

Smoke and mirrors, smoke and mirrors is all the Pro-Life mob is selling.

[MrMxyzptlk]

I get that your reasoning is on the mideval side so you might not understand the innovations in medicine and philosophy that have been made in the last thousand years.

Babies aren't some kind of miracle from a magic sky god and women aren't the property of the men in their lives. We've actually made them pretty much equal under the law. They maintain the advantages over men that evolution made, you know, boob magic. The ability to turn men into babies by exposing the boobs.

A female of the species can, and often will, get an education beyond cooking and cleaning so they can join the workplace and earn income equal to a man, no matter what feminists say. As such their contributions to the economy and society elevate them above being simple baby factories.

We've also evolved beyond the primitive superstitions of the Mideval period and no longer universally follow the Catholic ideas of gender roles. We don't all agree on the concept of the "soul" and some of us don't even believe that people have one.

Thus many don't agree with your mideval views that aborting a pregnancy is equal to murdering a person and your assumption that we must conform to your mideval views is theocratic tyranny. In this country we have the right to not share your mideval religious views and in fact can have no religion at all.

Not believing a "baby in the womb" has a soul and thus the equal to a fully developed woman we can accept that she has a right to discard a pregnancy. Also not sharing your bronze age beliefs that sex is a sin and a pregnancy is the inevitable punishment of having sex we don't feel the need to subject the "sinful woman" to a life sentance as a parent for her "sins".

So in short, and using small words for your benefit, shove your religion up your ass and rotate upon it.

[mad.casual]

which side sides with life?

Not *just* "which side sides with life?" but also "which side sides with free markets?"

Because there were an awful lot of people in an overlapping section of this Venn diagram that were 100% on board with "We shouldn't be providing medical care to people suffering the consequences of their own actions." until it was pointed out to them that their argument cut more strongly against their own conception of "my body, my choice" than it did against anyone who contracted COVID literally out of the blue.

[Dillinger]

centuries ago I had a class where we had to agree on a new constitution or everyone failed. the stick was of course baby murder. what won was "we admit it's disgusting and will fight it some other way, you leave it out & just let the fucking states decide" ... teenagers figured it out.

[MasterThief]

Can't even get to a concession of "it's disgusting and should happen rarely under a narrow set of circumstances." Tbh, I see the pro-life side willing to make reasonable concessions even when they are in violation of their core principles. Rape, incest, and legitimate health risks to mom or child are reasonable exceptions. You can't just create a human life and end it due to your own convenience (well, shouldn't). ENB and most abortion activists engage in bad faith arguments. They deny the fundamental humanity of a human developing in the womb. ENB isn't really concerned about doctors only being able to remove a child under the most dire of immediate medical emergencies. She just wants a wedge case to throw out all personal responsibility and to permit people to kill humans before they are born. Some people might fall on the pro-choice side because they are concerned about the edge cases, but most activists on that side seem to approach it from an incredibly narcissistic and dishonest position

[MrMxyzptlk]

It's disgusting and should happen only under a specific set of reasons.

What's more disgusting is opposing Sex Ed in schools and then demanding the hormonal teen who wound up pregnant because her peers told her stupid shit like you can't get pregnant your first time be forced into a life of parenting destroying not only her life but setting the kid up for failure.

[mad.casual]

but most activists on that side seem to approach it from an incredibly narcissistic and dishonest position

Fatalist even. And I don't mean in the strictly clump of cells sense. The ID law generally allows doctors to act as they see medically fit in emergency situations and EMTALA doesn't explicitly conflict except in the Administration's expanded reasoning or definition of abortion as part of routine healthcare.

Reason will (correctly, to a degree) fret about the FCC and the FTC and TN Governor Bill Lee, but when the Administration is blatantly and unilaterally reinterpreting the law in order to void Federalism, well, that's just how a federated republic is supposed to protect its citizens from ideologically-motivated populist dictators who just want to kill people they've branded as literally sub-human.

As you indicate, well beyond a point where the vast majority of pro-lifers would go, "Whoa, yeah, I'm pretty opposed to abortion, but I'm not *that* opposed to it."

[Dillinger]

>>Rape, incest, and legitimate health risks to mom or child are reasonable exceptions.

nothing needs to die because a crime was committed or hillbillies. health risks to mom or child are debatable.

[Liberty_Belle]

Says someone who doesn't realize that pregnancy and childbirth are inherently life / health threatening events even in normal circumstances.

[mad.casual]

Says someone who faces a 10X lower probability of death or injury just by (not) getting out of bed in the morning and (not) showing up for work.

Did you fill out your selective service card when you turned 18 too?

[soldiermedic76]

I hope one of the justices asked how many abortion clinics actually practiced in Idaho and where they were located before the ban. The answer is five, most in Boise and adjacent suburbs. Ergo, if you lived anywhere but the greater Boise area (approximately 90% of the state) you had to travel out of state to get an abortion anyhow, and most hospitals in Idaho didn't offer them except in true emergency situations, e.g. life threatening cases, and when delivery wasn't the safer option (since in most cases past the midpoint of the second trimester or so, delivery, induced or surgical is actually just as safe, and generally has far fewer risks, and the big one, is quicker, thus more of a true emergency treatment). The reason there were so few abortion clinics was largely due to low demand and or (as in the case of the Panhandle) competition from adjacent states (e.g. Washington) where already a large percentage of Idahoans sought medical care (e.g. Spokane is where a lot of Panhandle residents seek medical care already).

[Graf Fuddington von Fuddrick]

Yep. Plenty of abortions in Spokane. Things are getting worse all the time. Five of the seven city councilmen are now progs, the Marxist Lisa Brown was elected mayor. The police and fire chiefs both quit because they didn’t want to deal with her inane leftist bullshit.

All thanks to the irrational of progressive parasite voters from dying leftist cities along the I-5 corridor.

[docduracoat]

As a medical Doctor I can tell you there is no need to ever perform a “emergency abortion”
I can’t imagine any situation where an emergency room doctor would have to perform an abortion on a viable fetus.

The removal of an ectopic pregnancy, or a D and C for a miscarriage, is not an abortion.

Biden administration is torturing the EMTALA law to try to get emergency rooms to perform elective termination of pregnancy abortions.

[TJJ2000]

Not a single piece of legislation has changed for the 'viable' fetus.

[LIBtranslator]

See? Just click on duracoat to see his license to practice and quack school diploma on a well-documented blog.

[SRG2]

In general, we want policy to be set by voters and/or their elected representatives.

In general, yes. But where fundamental rights are concerned, the situation is different.

[soldiermedic76]

Which right is that?

[TJJ2000]

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

"The right of the people to be secure in their persons"

Take your pick.
Now; Tell us what right the government has to FORCE women to reproduce?

[soldiermedic76]

They aren't being forced to reproduce, they chose to participate in an activity that results in reproduction. God, what a stupid argument.

[TJJ2000]

Enter the Denial-ism of Power-mad authoritarians. If the government isn't trying to FORCE them to reproduce what exactly are they trying to do?

[Ben of Houston]

Taking people at their word?
They are trying to stop murder.
Let us be absolutely clear. The definition of murder is the domain of the state.

Ignoring a newborn child until it died would earn the mother a minimum of a decade in jail. The mother is forced to care for it.

Even if she leaves the child in the care of the father or someone else, she can still be forced to pay child support. This is arguably slavery as well.

Before birth, just because the dependency is biological instead of merely physical and fiscal doesn't change that dependence. It merely moves it forward in time.

We can argue the wisdom of many of these choices, but stop pretending that it's some out of the blue novel thing instead of the exact same responsibility that our system recognizes in every child support and child neglect case that comes up daily.

[TJJ2000]

"They are trying to stop murder."
NO. THEY ARE NOT!!!!

Not a single piece of legislation has been introduced to stop an *act* of murder. Lies, lies, and more lies to push this BS infringement of Individual Liberties and Rights.

If you cannot support ?baby? freedom (i.e. Fetal Ejection)
UR supporting Gov-Gun forced reproduction.

There is the *Reality* and everyone knows it except those trying to legislate their *Religion*.

Yes. Child Support is slavery and look what has become of it. Female are so entitled now they think Men owe them everything. The welfare system literally sits on entitled females. On BS move doesn't excuse more BS.

[Graf Fuddington von Fuddrick]

This subject makes you unhinged, your arguments are shrill, irrational, and nonsensical. You’ve even stated babies don’t exist.

Seek help.

[TJJ2000]

^When the bigotry turns to pointless personal attacks.

[LIBtranslator]

"All persons born" is a 14A border that put female enslavement out of the jurisdiction of coercive mystical bigotry--same as the border between Idaho and Canada. Race-suicide bigots had deemed it convenient to assume the 13th amendment did not protect white girls, just as it presumed the 15th did not--in its explicit language--keep goons from barring them from suffrage. That clumsy dodge necessitated the 19th Amendment to make the 13th, 14th and 15th enforceable by women who vote--boldly clothed in their rights-of-many-colors. Soon they will be as free as Canadians.

[MrMxyzptlk]

These guys don't believe we evolved from apes and have hormones and drives to reproduce. They think we were made from dirt and a rib bone and prayer is enough to keep kids on the strait and narrow. They forget what being a kid is like as part of their delusional denials.

[MrMxyzptlk]

We evolved, like all successful life forms, to reproduce as frequently as possible. When the hormones kick in during the early teens both sexes are primed and ready to start reproducing. They have drives and emotions they don't understand and have little control over.

Tyically Sex Ed classes where a teen could learn reasonable and rationale methods of preventing pregnancy while dealing with their hormonal urges in a healthy manner are despised by anyone from one of the abrahamic faiths and thus are difficult to provide because of that opposition.

Parents by and large won't talk to their kids about sex either. They either think the school will cover the topic or the kids will learn from movies and TV.

So totally unprepared and hearing only myths about sex these kids try to figure it out on their own with only their peers, TV and thr Internet as guides. So they are pretty much doomed.

So when they fuck up and a girl gets pregnant you swoop in and fill the poor girls head with threats about abortion based on superstition and an idea that life begins at the moment the sperm hits the egg. You work to pass laws to make her totally unable to get an abortion.

You do all you can in the name of saving a lump of cells that has even odds of not growing to term on its own. You destroy that girl's life because of bronze aged morality. You create a situation that is very likely to create another single mother raising a child in a broken home which pretty much dooms the kid to a shit life. All because of superstitions about life.

If those same teenagers broke into a home, stole some stuff and trashed the place they would be treated differently than adults because everyone knows they aren't ready for adult life and adult responsibilities. They get a second chance to get on a better path. But if those two screw around and the girl gets pregnant you want to sentance her to life as a parent and him to 18 years of paying child support.

[Longtobefree]

If only the US Constitution explicitly stated all other powers are reserved to the states - - - - -

[TJJ2000]

...or the people.

I find it humorous Pro-Life is so full of sh*t they think the Supreme Court upholding Individual Rights is some kind of Federal Legislation.

[Mickey Rat]

So what part of the Constitution authorizes the federal government to enact a law like the EMTALA?

Gee, we have another case where the Biden Administration is corrupting the language of a federal statute beyond all recognition in order to dictate its policy preferences on the entire country without even trying to go through the legislature.

[Hugo S. Cunningham]

Check out the Fourteenth Amendment, originally intended to prevent readmitted secessionist States from reestablishing (close equivalents of) slavery, but since then subjecting State governments to almost all the restrictions of the Bill of Rights ("incorporation")
Eg, from Section 1: "... nor shall any State deprive any person of life, liberty, or property, without due process of law... " (which should cover the life or basic health of women patients).
(2) Section 5 empowers Congress to enforce 14th Amendment rights "by appropriate legislation."

[soldiermedic76]

Which part of the 14A overturned the 10A? Further, have all nine preceding amendments been enemurated to the feds via the 14A or just certain ones, additionally, has the 14A been utilized to enumerate any right except abortion, not specifically already addressed in another amendment? If not, then your argument is moot.

[Hugo S. Cunningham]

SCotUS has “incorporated” most of the protections of the Bill of Rights against State governments one-by-one, starting with the First Amendment. Recent ones from the last few years include the Second Amendment, and Fifth Amendment guarantees against “home equity theft.”

[LIBtranslator]

Protection from "home equity theft" was hurled so violently out the window by the GW Bush faith-based asset-forfeiture law that its impact toppled the value of all mortgage-based securities. That domino then knocked out the stock market and savings & loan companies for a depression so deep and dreadful that voters rejected christianofascist looting for the Dems, Obama, his VP, da woiks! So by all means, bigots, bully dem bitches, bust dem hippies and brown folks and shoot their dogs. Then watch what happens in November.

[LIBtranslator]

Observe how some folks point NOT to what 14A says: "All Persons born..." of "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." NE-VAH! Much less 9A "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." 9A actually supports Sullum's whole argument against the constitutionality of girl-bullying AND sumptuary laws looters on both sides of the mystical Venn circle seek to add to their other usurpations.

[Kords]

You might not think that EMTALA is the best way to set national policy on abortion, but that doesn't mean that the interpretation the federal government has put forward is a stretch. And honestly, it is the contrary position that seems to be the most inconsistent with the statutory language.

EMTALA requires hospitals receiving Medicare funds to providing stabilizing care to patients experiencing a medical emergency that threatens their *health* regardless of whether their life is also at risk. Sometime, abortion is necessary to stabilize a patient experiencing a health-threatening medical emergency.

Setting aside political arguments of the best way to set abortion policy, I've yet to hear a convincing legal argument as to why EMTALA can be interpreted to not require hospitals to perform an abortion under those circumstances.

[Gaear Grimsrud]

The statute explicitly requires care of an unborn child.

[TJJ2000]

What about my unborn unicorns!!!! Save my unicorns!!!! /s
Stupid power-mad freak-jobs everywhere.

[MrMxyzptlk]

Republicans have a very simple system of determining what they think are rights. If they want to do something it's a constitutionally protected absolute right. If they don't want to do something it should be illegal and prosecuted to the fullest extent of the law and there need to be federal task forces enforcing the ban.

[TJJ2000]

I'm a Republican. So is John Stossel and Trump both of which support Pro-Choice. Poll after Poll showed the majority of Republicans supported Roe v Wade. Heck; Republicans WROTE Roe v Wade.

No. I wouldn't peg this on anyone but Power-mad Republican Politicians who are pandering to a minority [WE] mob of religious freaks. The Pro-Life movement was actually founded in the Democrat party.

[MrMxyzptlk]

Why are you a Republican? I'm serious. What has the party done recently that you can say you are proud of?

[TJJ2000]

Cut-Taxes, Exited the [Na]tional So[zi]alist Paris Accord, Setup a 2-Cuts for every 1 De-Regulation committee, strengthened the USD, Allowed energy independence, supports school choice.

Historically wrote Roe V Wade, ended slavery. But most of all their very platform recognizes the US Constitution above [WE] mob RULES! ideology (They aren’t Democratic [Na]tional So[zi]alist[s] pretending the USA doesn’t have a definition). They don’t support UN-Constitutional [Na]tional So[zi]alist BS like commie-housing, commie-education, commie-healthcare. They steer away from the sky is falling down doomsday cult.

The RINO’S (who act just like Democrats) are disappointing but the Libertarians are just as bad if not worse so that is why. I've found that Libertarian-Leaning Republicans are the best at LIMITING gov-gun power-mad freak-jobs.

[Graf Fuddington von Fuddrick]

Why are you a democrat? What have they done that you can support? Hell, what can you point to I. The alt few years that isn’t pure evil?

[Kords]

The statute requires the hospital to "offer" stabilizing care in the event of a medical emergency. So if there was a situation where a mother was experiencing a medical emergency that threatened her health *and* the health of the unborn child, and abortion was required to treat the mother's medical emergency, then the hospital has to offer both the abortion and whatever stabilizing care would help the unborn child. Then, the mother chooses what stabilizing care to receive. But the hospital can't take that choice away from the mother by refusing to offer stabilizing care.

[mad.casual]

Technically death is the most physiologically stable condition a human is going to experience and EMTALA calls for hospitals to execute anyone consuming medicare funds as the result of emergency care. If you show up in the ER with a broken toe... MAID.

Go ahead, tell me I'm twisting words and whimsically distorting medical terms in bad faith. Because you said "abortion" when the most generous interpretation of your retardation was that what you meant was "birth" or "delivery".

[TJJ2000]

Ironically. If/When the ER starts executing people by Gov-Gun demand it will be EXACTLY because Pro-Life destroyed Individuals right to own themselves.

Course I think you know that by the way you tried to pounce the obvious in your 2nd paragraph.

[Bill Godshall]

As a freedom loving Republican who supports the Dobbs ruling as well as the natural/human right of self autonomy (including the right to access contraceptive/abortive products/services, and accurate reproductive information), I consider the fundamentalist Christian theocratic abortion prohibitionists (who previously banned nudity, prostitution, homosexuality, pornography, opioids, alcohol, marijuana, gambling, contraceptives, sex education, profanity, business on Sundays, profanity and even dancing) are just as dangerous for civilization as are Islamist theocrats.

The nationwide abortion prohibition campaigners want to overturn many US Constitutional protections, as well as many federal drug, interstate commerce and other laws (to allow states to ban the sale/distribution/advertising of FDA approved contraceptives and/or any other FDA approved drugs).

"Pro-life" is a deceitful PR term to describe those who insist upon imposing century old theocratic dictates and intolerances on all other humans, denying all of us of our natural and human rights.

Ironically, the intolerant abortion prohibitionists were the key reason why Democrats won control of the US Senate in 2022, why Republican's barely won a majority in the US House, and why
Democrats won Governor, AG and state legislative bodies in purple states.

Now, they're campaigning for Democrats to win the White House, the US Senate, the US House and several more Governor, AG, and state legislative bodies in purple states.

Seems like abortion prohibitionists are now the best friends and campaigners for Biden and other Democrats.

[bobby oshea]

So much cognitive dissonance in one comment. Pro abortion rights yet proclaiming the supremacy of natural rights.

[SQRLSY One]

Supremacy of natural rights apparently applies to everyone EXCEPT for the womb-slaves, who just happen to ALL be women! "Your wombs are collectively belong to us!!!"

[TJJ2000]

^EXACTLY. Well Said [phone].

[MrMxyzptlk]

Cognitive Disonance?

The results show in elections. Democrats winning. Predicted Red Waves failing.

Face it, Republicans are the party of Theocratic Fascism and the majority of people don't want that. As long as your party remains one of theocratic fascism then it will keep losing elections.

[Graf Fuddington von Fuddrick]

The only reason democrats win elections is because they have a stranglehold on the media. Which is not tightly coordinated through the DNC and the White House. I saw a study that shows this conspiracy skews polls approximately 9% in the Democrat’s favor.

So it isn’t a desire to murder babies, fearing ‘theocratic authoritarianism’. It’s Marxist authoritarianism pushed through via de o rat controlled media outlets.

[TJJ2000]

I’m sure FORCING women to reproduce plays a big part. And no they are not “murdering babies” because if anyone really believed that they’d set the victim free from their supposed killer (i.e. Fetal Ejection). Touting such narratives is 100% BS propaganda.

Pro-Life was literally created inside the Democrat Party and kicked to the curb by the Republicans who wrote Roe v Wade. The only thing thicker than the hypocrisy on the subject is the way Republicans went out of their way to destroy the Individual Liberty they saved from the left.

[MrMxyzptlk]

You're not wrong. Polls are bullshit, in the end elections tell the tale. Democrats are winning elections. Republicans can try and blame corrupt elections and a dozen other excuses but when you talk to moderate democrats, who are religious people themselves, they will point to the Republican Party being the party of Theocratic Fascism and they know they don't want that.

We aren't seeing Catholics en mass jumping ship and becoming Republicans so clearly the DNC's "Pro Choice" on abortion isn't driving them away. They may not like Bidens messaging, but they aren't joining the other side over it.

[Sarah Palin's Buttplug 2]

Former President Donald Trump tried to ban TikTok during his presidency. Now that Democrats are for it, he's against it, of course.

DONNIE SMOOTH LIKE THAT!

Thanks ENB, you're the best.

Don't let the Trump-Trash bite you.

[SQRLSY One]

Trump-Trash... BITE ME!!! RIGHT HERE!!!

[LIBtranslator]

Compare photographs of women celebrating repeal of Comstockist and race-suicide-panic birth control laws in Ireland, Argentina, the USA, or protesting enactments stripping them of individual rights, go ahead. Observe that the salient features among women carrying signs for coercion are wrinkles, eye pouches, liver spots (but NOT blue hair). Let the harridans be aware that CDC data shows the maternal mortality rate for women aged 40 and over (81.9 per 100,000 live births) is nearly 8 times that for women under age 25 (10.6). So wizened hags, feel free to die for Bush, Twump, Palito, Robert Dear and Long Dong if you must. Just don't take too long doing it.

[Its_Not_Inevitable]

Comstock!

[SQRLSY One]

Comstock!? Who needs shit?!?!

Cumstock is twat's shit all about!!! Ass Dear Leader Der TrumpfenFarter-Fuhrer hath shown us, we should be putting ALL of our cumstock into Spermy Daniels!!! So GET IN LINE; Your turn will be in about 30 years!

[Graf Fuddington von Fuddrick]

Girl bulliers!

[MrMxyzptlk]

I don't know if your claims are on the nose, I think I've seen an equal amount of two baggers on both sides of the issue.

[Rev. Arthur L. Kirkland]

Eventually, medical facilities that do not provide comprehensive services (including abortion) will be ineligible for federal aid and unable to participate in federal programs.

Slack-jaws will still be able to provide or seek old-timey snake oil medicine . . . just without federal involvement.

[Idaho-Bob]

What an awesome idea!

How do we get ALL services provided without federal involvement?

[MrMxyzptlk]

Drastically change how medical services are paid for in the United States. We've evolved into a real hard position over the last 60 or so years and it's going to be hard to cut that apart.

[Graf Fuddington von Fuddrick]

That was their plan.

[MrMxyzptlk]

I doubt it. It's what the voters wanted.

[TJJ2000]

One of the many ?blessings? that will come from giving Politicians authority over ones self. Gov-Gun power-madness is the disease that will kill this nation. Anyone else tired of the ‘Guns’ everywhere in everything even one’s PERSONAL life??? Do we have enough ‘government’ yet???

[Graf Fuddington von Fuddrick]

So everyone should just kind their own business’s when Pepe, murder their children?

Nah.

[TJJ2000]

when Pepe, *imagines a murders* of *imaginary* children some cult has dreamed up in their wild-imaginary heads.....

Yes, yes indeed. But hey; I'll admit I could be wrong and give people's 'imagination' the benefit of the doubt and say if you want to make the *act* of killing illegal then support a right to fetal ejection.

Is that not taking exactly the *act* of which you tout out of the equation? Oh yeah...... It's not about making sense. It's about *IMAGINATION* being used to FORCE women to reproduce.

[Gaear Grimsrud]

Biden Admin’s Top Lawyer Can’t Explain To SCOTUS How A 1986 Law Suddenly Mandates Abortion
https://thefederalist.com/2024/04/24/biden-admins-top-lawyer-cant-explain-to-scotus-how-a-1986-law-suddenly-mandates-abortion/
"Justice Samuel Alito asked Solicitor General Elizabeth Prelogar to explain how the federal government reconciled EMTALA’s clear-cut mention of babies in the womb with CMS’s abortion-themed expansion of the law.
“One potentially very important phrase in EMTALA has hardly been mentioned. Maybe it hasn’t even been mentioned at all. And that is an imposed reference to the woman’s ‘unborn child.’ Isn’t that an odd phrase to put in a statute that imposes a mandate to perform abortions?” Alito questioned.
Prelogar dodged the question but was pressed again by Alito to explain why a statute that the federal government claims covers abortion would mention the unborn baby.
“It seems that the plain meaning is that the hospital has tried to eliminate any immediate threat to the child. But performing an abortion is antithetical to that and duty,” Alito noted. “You go so far as to say that the statute is clear in your favor. I don’t know how you can say that in light of those provisions that I’ve just read to you.”

Once again, a straightforward case of novel statutory construction is being used by pro abortion partisans to create a problem that doesn't exist. This court in this case is not required to take any position on the Idaho law. The only issue is whether or not CMS can morph a plainly written statute into something that can force states to perform abortions in violation of their laws. The people of Idaho can regulate abortion anyway they want. Joe Biden can't.

[EISTAU Gree-Vance]

“…..reference to the woman’s ‘unborn child’. Isn’t that an odd phrase….?”

It is odd. I’m sure they meant “birthing persons unborn child”.

[TommyInIdaho]

Emanations and penumbras are back…

The headline “Idaho goes to the Supreme Court to argue that pregnant people are second-class citizens” pretty much reveals how The Intercept sees Idaho’s case.

Nevertheless Jordan Smith’s article provides a clearer picture of the arguments in the case than has the Tribune.

Of particular interest to me was this section, “Idaho points out that the word “abortion” is not included in the EMTALA statute [Emergency Medical Treatment and Active Labor Act], claiming there was no understanding that Congress meant to include abortion care among potential stabilizing treatments required under the law. In contrast, the statute does include the phrase “unborn child,” which according to the state, means that the well-being of the fetus must be weighed in addressing medical emergencies.

…EMTALA only requires doctors to provide stabilizing treatments that are “available” at a given hospital, and since abortion is illegal, it is thus unavailable. And because abortion is unavailable in Idaho, a hospital could legally transfer a patient somewhere else for care, presumably without being accused of dumping.”

If Idaho is right then the Executive Branch’s ruling on EMTALA is another case of pro-choice forces depending on vague penumbras and emanations instead of the lawmaking.

If EMTALA should include emergency cases that necessitate abortion (and it should), then it should be amended to stipulate such by Congress.

That can and should still happen whatever SCOTUS’ decision in this case.

[Gaear Grimsrud]

An emergency case that requires an abortion (life of the mother) is already legal under Idaho law. Biden wants to broaden the requirement to "health" of the mother which has already been defined, in some cases, to include the "emotional" health of the mother which would essentially be abortion on demand. I personally think the Idaho law is overly restrictive. But that's not the point of this litigation.
Alito again,
“Most of your argument today has been dedicated to the proposition that Idaho has a bad law, and that may well be the case, but what you’re asking us to do is to construe this statute that was enacted back during the Reagan administration and signed by President Reagan to mean that there’s an obligation under certain circumstances to perform an abortion, even if doing that is a violation of state law,” Alito said.

[SQRLSY One]

So SHIRLEY we can depend on Idaho lawmakers to make medical decisions for all of us!!!

Just look at Idaho representative Vito Barbieri for example! Read on...

http://www.theguardian.com/us-news/2015/feb/23/idaho-republican-anti-abortion-swallow-camera
Anti-abortion lawmaker gets anatomy lesson – women cannot swallow camera for exam
Idaho representative Vito Barbieri asks if a woman can swallow a camera for remote gynecological exam before medical abortion — the answer is no

I have always wondered, ever since grade school… If babies come from Mommy’s tummy, how come they do not get digested by Mommy’s stomach acids? Maybe Vito Barbieri can explain…

Never fear, Reasoids dear! Science Politician is here!

I am typing this with one hand, cell phone in the other hand, as I am chatting with Idaho representative Vito Barbieri right now. He is explaining the Big Bang to me, PLUS he is explaining why some babies don’t get digested in Mommy’s tummy, but other do, via God-driven or “natural” abortions. Give me some time… As soon as he is done ‘splainin’ all to me, all will in turn be revealed to you here…

OK, here’s the low-down from my good butt-buddy Vito (who is NOT a butt-buddy of Prez Joe Biden):

Big Bang was caused by God. No surprise there… Satan was co-creator, though, and when the Big Bang happened some 9 K years ago or so, Satan made the fossils, and the bio-chem relatedness of the plant and animal clans, and the embryonic development patterns, and the radioactive decay elements in the rocks, and the incoming patterns of ancient light emitted seemingly far-far away, and, for that matter, the tree-rings on the Garden of Eden, to make it ***APPEAR AS IF*** the newly-created world was MUCH older than it really is, to deceive us all, so that we will go to Hell for believing lies built into the fabric of the Very Universe.

On, why do babies not get digested in Mommy’s tummy? Well, some do. If God examines the developing fertilized egg cell or blastocyst or fetus or what have you, at any stage of the development, and determines that the free will of the could-result baby has ABSOLUTELY ZERO chance of growing up to vote Republican, then God lowers the anti-digestion shield, and a “natural abortion” happens, and Mommy digests the baby.

If there is SOME chance that baby will grow up to obey God’s Will and vote Republican, then God continues to shield the baby-to-be from digestive actions… And that’s when the abortionists sometimes come in, and thwart God’s Will!

I am glad I finally found someone who could explain all of this to me…

[TJJ2000]

Alito really plays the BS on that one didn't he. Not banning abortion = everyone has an obligation to have an abortion. One thing is massively obvious. All those who want MORE 'government' talk a whole lot of denial-ism, lies, propaganda and complete BS.

[LIBtranslator]

With the LP temporarily in the hands of German-funded christianofascists eager to outdo the GOP in girl-bullying and harrying foreigners, redneck voters might again plunk for a smaller, harder, angrier Republican party once a suitable replacement for George Wallace or Wendell Willkie is found. By nominating a goosestepper and draining off enough Army of God votes, the Austrian LP just might defeat Orange Julius the way Gary Johnson accidentally defeated Hillary Clinton. America would no longer be a warren for hunting pregnant women.

[mad.casual]

It looks like the courts are going to have to save us from this one now.

Who's "us"? Last time Congress legislated anything over a platform I use, SCOTUS repealed... most of it.

[AT]

Make it easy and just repeal EMTALA.

But since that's unlikely to happen, Idaho can do the next best thing - stop accepting federal funding for health care (specifically Medicare), and you'll be under no obligation to comply with EMTALA.

Hospitals shouldn't be publicly funded in the first place. Like most everything else, it's a market best left to the private sector.

[TJJ2000]

Or just find an 'honorable' Idaho justice who will uphold the Idaho Constitution (Article I - Declaration of Rights Section 17) as well as many others.

[LIBtranslator]

Trumpanzee argumentation is the same as that of the Dem faction. What libertarians want (the entire 1972 platform) is "unlikely" this minute so surrender to Aryan National Socialism because Blue State communism is the only "available" alternative. Both looter factions ignore the way 2% spoiler votes brought the communist tax and Methodist White Terror prohibition amendments into the Constitution. More to the point is how Libertarian spoiler votes have forced them to choose between replacement and repeal of queer-baiting, girl-bullying and plant prohibition laws in 11 presidential campaigns. Five more consecutive defeats should do the job durably.

[Sequel]

There is a plainly visible conflict between the state statute and EMTALA.

It is not the mere appearance of a conflict, in which a doctor might be free to choose or not choose to perform an abortion, or to send the patient out of state.

EMTALA pre-empts the state law’s confusing provision. The state statute must be revised.

[LIBtranslator]

Idaho has a northern border with British Columbia, Canada, where women are not bound to involuntary labor of reproduction by race-suicide collectivists. Before the Civil War and during the Vietnam civilian genocide, underground railroad networks did a good job of ferrying slaves, conscripts and "reefer madness" Jews out of the reach of Christian National Socialism. Five'll getcha ten that railroad is now working overtime to rescue women from "ordered liberty."

[LIBtranslator]

"life-threatening complications, doctors' hands are tied." I believe "handcuffed" is the exact technical term. At the time Palito's hero, Anthony Comstock, was in charge of burning books and killing pregnant women the operative word was "manacled." This return of slavery for a select fraction of he population is what conservatives mean by "free markets."