The Supreme Court heard arguments on Tuesday from the Biden administration’s challenge to aspects of Idaho’s strict abortion ban. US Solicitor General Elizabeth Prelogar presented a case that aimed to appeal to conservative justices who previously ruled that states have the right to prohibit the procedure.
Prelogar argued that there is a conflict between Idaho’s law and federal statutes, but she characterized it as narrow. She emphasized that the administration was not seeking to interfere with Idaho’s ability to criminalize abortions unless they were medical emergencies covered by the Emergency Medical Treatment and Labor Act (EMTALA).
The Biden administration will need the support of two conservative justices on the Supreme Court for their case to succeed. With Justice Brett Kavanaugh leaning towards Idaho’s side, Chief Justice John Roberts and Amy Coney Barrett are likely to be the deciding votes in this case. Both justices posed challenging questions for both sides during the hearing, framing it as an issue of federal overreach into state power.
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 will be up to Roberts and Barrett to decide whether federal mandates take precedence over abortion bans or whether states have more autonomy over reproductive rights.