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The Abortion Battle Resurfaces
A federal court revisits abortion laws in emergency care, setting the stage for high-stakes legal battles under Trump’s administration.
What Happened?
On Tuesday, a West Coast federal appeals court reopened the debate of whether emergency rooms must provide abortions to patients in medical distress.
This will likely be the first of many issues the Trump administration will face in early 2025.
The 9th Circuit Court of Appeals heard arguments Tuesday from President Biden's Justice Department that Idaho's enforcement of its almost total abortion ban during medical emergencies violates Reagan-era patient protections.
The Supreme Court weighed the case earlier this year, although they passed it onto lower court judges, as they believed they took up the issue prematurely.
Why it Matters
Anti-abortion advocates are hopeful that the incoming Trump administration will drop the challenge, settle it with Idaho, or even change its interpretation of federal emergency room regulations in such a way that the lawsuit will be rendered futile.
However, this is likely just the first of many cases of legal abortion wars that the incoming administration will grapple with, as courts across the nation tussle with litigation following the Supreme Court's Dobbs decision, which overturned Roe v. Wade.
President-elect Trump campaigned on a vow to reject a federal abortion ban and has also said he wanted to make the topic primarily a state issue. Should that be the case, it's unlikely that his incoming administration will continue litigating the current case.
However, Trump's return to Washington won't likely be the end of many different abortion issues — including the availability of the abortion pill, as well as potential funding for family planning clinics.
Should the Department of Justice choose to bow out of the litigation brought against the states the Biden administration believed were violating federal protections, outside lawsuits from doctors and patients may certainly be on the table.
Patients who believe they were harmed may file a lawsuit, as well as any doctors or hospitals who have received a patient dumped from another hospital. So, while the case may go away on a macro-level, many individuals may file their own cases.
The reopening of this particular case has opened up quite a can of worms in the form of legal intricacies. The decisions made will set a precedent for how emergency medical care intersects with abortion laws, which are a consistently hot topic.
Adding to the complexity is these particular cases which involve life-threatening conditions for the patients involved. Medical professionals remain divided on the subject, as many are concerned with how any changes may affect procedures in their medical rooms and the potential legal repercussions to go along with it.
How it Affects You
The implications of this case expand far beyond Idaho. States with similar abortion bans are paying close attention to the outcome, as it could form the blueprint for how they formulate and enforce their own laws.
Hospitals and emergency rooms are also in an interesting position. The current legal ambiguity creates a slew of potential legal liabilities as they navigate between conflicting state and federal requirements.
Furthermore, public opinion is going to play a substantial role in the case, as advocacy groups on both sides of the issue are gearing up for battle at the start of the new year.
Trump's incoming administration's actions will most assuredly be a strong indicator of its broader future approach to abortion.
One thing is for certain, the controversy over abortion doesn’t seem to be coming to an end soon. It’s an issue Trump seems to be determined to solve, and the beginning of 2025 is sure to be a telling time.