WASHINGTON — The US Supreme Court mistakenly posted a ruling in an Idaho abortion case that would allow for emergency abortions, but activists in the region said this would not be the legal victory that it seems.
Jen Jackson Quintano is the founder of the Pro Voice Project, an advocacy group for women’s reproductive rights in Idaho. She says this ruling would be a short term win, but would delay a final decision on the broader issue.
“This issue of EMTALA, and how it intersects with state abortion bans, it’s going to have to be resolved at some point. And it didn’t happen, it’s not happening today, so that’s a tough one,” Jackson Quintano said.
Jackson Quintano said the Emergency Medical Treatment and Active Labor Act could protect emergency abortions under this new ruling, allowing for abortions in emergency situations, Jackson Quintano said.
Emergency Medical Treatment & Labor Act (EMTALA) | CMSFor Medicare hospitals and Critical Access Hospitals (CAH): Learn about EMTALA and find CMS interpretive guidelines.www.cms.gov
The ruling is not official as the judges decisions are not final, but if the 6-3 decision stands, it will reinstate a lower court’s ruling to allow hospitals to perform emergency abortions to protect a pregnant patients health, according to bloomberg news, which first reported this.
Jackson Quintano says four OB-GYN’s left the two most northern counties in Idaho since these abortion bans were put in place. Women have been without close access to reliable healthcare in their region, she said. Even with this potential decision, providers in Idaho are unclear on the exact regulations on the care they can provide, Jackson Quintano said.
“I mean we will take a win where we can get it and on the surface it feels like a win, but really it’s not. It’s kicking the can down the road. You know this is an issue that has not been decided, and you know the supreme court… it will have to be decided at some point,” Jackson Quintano said.
Quintano said this news comes as Idaho is in a healthcare crisis, saying they have lost almost a quarter of their reproductive healthcare physicians since the Idaho abortion bans went into place.
Nonstop Local reached out to Governor Brad Little’s office for their thoughts on this potential decision, but did not hear back.
