Biden administration challenges Idaho’s strict abortion ban, appeals to conservative justices

The Supreme Court heard arguments from US Solicitor General Elizabeth Prelogar today regarding the Biden administration’s challenge to certain aspects of Idaho’s strict abortion ban. Prelogar attempted to appeal to conservative justices who had previously ruled that states have the right to prohibit the procedure, focusing on the conflict between Idaho’s law and federal mandates for hospital emergency room care.

According to Prelogar, there is a narrow conflict between Idaho’s law and the Emergency Medical Treatment and Labor Act (EMTALA), but she clarified that the administration was not seeking to interfere with Idaho’s ability to criminalize abortions unless it was a medical emergency covered by EMTALA. In order for the Biden administration to succeed, they will need support from two conservative justices on the Supreme Court.

Chief Justice John Roberts and Amy Coney Barrett are likely to be the deciding votes in this case, with both justices posing challenging questions for both sides during the hearing. Meanwhile, liberal justices focused on the harrowing details of medical emergencies faced by pregnant women that were not covered by Idaho’s limited exemption for situations where a woman’s life is in danger. Ultimately, it remains uncertain how these justices will vote on this contentious issue.