Episode description

In this case, the court considered this issue: Does the federal Emergency Medical Treatment and Labor Act preempt an Idaho law that criminalizes most abortions in that state?   

The case was decided on June 27, 2024. 

The Supreme Court dismissed the writ of certiorari as improvidently granted and vacated its earlier stay of the district court’s preliminary injunction against Idaho’s abortion law.

Justice Elena Kagan authored a concurring opinion that was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Justice Kagan opined that EMTALA requires hospitals to provide abortions in certain health emergencies that Idaho’s law prohibits, creating a clear conflict where federal law preempts state law.

Justice Amy Coney Barrett authored a concurring opinion that was joined by Chief Justice John Roberts and Justice Brett Kavanaugh. She explained why she believes the Court should dismiss the case and vacate the stay, arguing that the dispute has narrowed significantly since the Court initially granted certiorari, making it inappropriate for immediate Supreme Court resolution.

Justice Jackson concurred in part with the Court’s decision to vacate the stay and lift the injunction, agreeing with Justice Kagan’s analysis that EMTALA preempts Idaho’s law. However, she dissented from the Court’s decision to dismiss the case as improvidently granted, arguing that the conflict between state and federal law remains significant and that the Court should have resolved the preemption issue now rather than delaying a decision.

Justice Samuel Alito authored a dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch. Justice Alito argued that the Court should have decided the statutory interpretation question and rejected the government’s novel interpretation of EMTALA rather than dismissing the case and allowing the injunction against Idaho’s law to take effect.

The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.