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1 1 (July 12, 2024)

handle is hein.crs/govepjp0001 and id is 1 raw text is: Supreme Court Allows Emergency Abortions in Idaho but Leaves Litigation Unresolved July 12, 2024 On June 27, 2024, the Supreme Court, in a one-sentence, unsigned (per curiam) order accompanied by four concurring and/or dissenting opinions, concluded that it had improvidently granted review before judgment inMoyle v. United States, a case about access to emergency abortion services. In January 2024, the Court agreed, on the State of Idaho's application, to review one question: whether the Emergency Medical Treatment and Labor Act (EMTALA), a federal law that generally requires Medicare- participating hospitals to provide emergency care to any individual regardless of their ability to pay, preempts-or supersedes-parts of an Idaho law criminalizing the performance of many abortions. At the time, the Court also stayed the district court's preliminary injunction, allowing the state law to go into effect in full. Under its per curiam order, however, the Court determined that it should not have agreed to hear the case at this juncture, and the litigation is to resume in the lower courts. The order also reinstated the district court's preliminary junction, blocking Idaho from enforcing its abortion restriction in emergency circumstances in which a physician determines that abortion is the necessary stabilizing care. This Sidebar provides background on the case's litigation history, an overview of the concurring and/or dissenting opinions that accompanied the order, and certain observations and considerations for Congress. Background Idaho's Abortion Restriction and HHS's Guidance on EMTALA After the Supreme Court, in June 2022, decided Dobbs v Jackson Women ,' Health Organization, in which the Court overruled Roe v. Wade and Planned Parenthood ofSoutheastern Pennsylvania v. Casey and held that the U.S. Constitution does not confer a right to an abortion, abortion access restrictions took effect or were enacted in many states. In Idaho, the state legislature enacted several laws aimed at restricting abortion access. Among them, the state legislature added Idaho Code § 18-622, or Section 622, which generally makes performance of an abortion-at any pregnancy stage-a felony punishable by two to five years in prison. The initially enacted version of Section 622 generally defined abortion as the use of any means to intentionally terminate a clinically diagnosable pregnancy and did not exclude acts to address certain pregnancy Congressional Research Service https://crsreports.congress.gov LSB11196 CRS Legal Sidebar Prepared for Members and Committees of Congress

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