Wednesday, March 27, 2024

Key Takeaways From Supreme Court Arguments on Abortion Pill Access - The New York Times

Justice Ketanji Brown Jackson said there was "a mismatch" between what the anti-abortion doctors are claiming they have experienced and the remedy they are seeking. "The obvious common-sense remedy would be to provide them with an exemption, that they don't have to participate in this procedure," Justice Jackson said. 

Noting that such a remedy already exists in the form of conscience protections, she said: "I guess, then, what they're asking for in this lawsuit is more than that. They're saying, 'Because we object to having to be forced to participate in this procedure, we're seeking an order preventing anyone from having access to these drugs at all. " 

Justice Barrett asked about the plaintiffs' claim that the Emergency Medical Treatment and Labor Act, or EMTALA, which requires emergency departments in hospitals to treat patients with urgent medical issues, would override doctors' conscience objections and force them to treat patients who have taken abortion pills anyway. Ms. Prelogar said that would not happen because EMTALA applies to hospitals, not individual doctors, so doctors with moral objections could opt out...


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