Supreme Court Justice Erupts On Colleagues

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( – On Thursday, Justice Ketanji Brown Jackson blasted her colleagues in the Supreme Court for punting a decision regarding the abortion ban in Idaho, arguing in her dissent that the court had failed pregnant women in Idaho. 

Jackson in her dissent from the bench argued that this ruling was not a victory for women in the state, even though doctors would be given the right to perform emergency abortions if the lower courts litigated it. She added that not taking action against this is problematic and argued that the court had the chance to change this tragic circumstance and provide further clarity but that they had failed to do so. 

The case emerged after the Emergency Medical Treatment and Labor Act (EMTALA), was enacted which mandates that all hospitals that receive federal funding should provide stabilizing care to patients in emergency rooms regardless of whether or not they are able to pay. 

When it comes to many pregnancy-related conditions, abortion is considered standard care, and access to this procedure has been available when necessary. However, the court in a 6-3 ruling dismissed the case, which means that any Idaho hospitals that receive federal funding should allow emergency abortion despite abortions being banned almost completely in the case. 

Jackson pointed out that the abortion ban in the state is in conflict with federal law but that the court had not taken any action to resolve this conflict. 

She added that the law in Idaho needed to be yielded and that pregnant women should not be required to wait for answers any longer. 

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