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title: Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law | TIME
description: Conservative Supreme Court justices appeared skeptical that state abortion bans after their sweeping ruling overturning Roe v. Wade violate federal healthcare law.

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* U.S.

# Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law

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<!-- video src="https://cdn.jwplayer.com/manifests/B8DmzHqe.m3u8" -->
## Video: Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law

[Watch (HLS stream): Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law](https://cdn.jwplayer.com/manifests/B8DmzHqe.m3u8) (3:02)

![Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law](https://cdn.jwplayer.com/v2/media/B8DmzHqe/poster.jpg?width=720)

_Published 2024-04-24. Conservative Supreme Court justices appeared skeptical that state abortion bans after their sweeping ruling overturning Roe v. Wade violate federal healthcare law._


---

Apr 25, 2024 1:13 PM UTC

---

## More From This Series

[All Videos](https://time.com/video/)

[What to Know About the Arizona Supreme Court Abortion Ban Ruling](/video/SnxVRxV2/)

### What to Know About the Arizona Supreme Court Abortion Ban Ruling

[Protests Begin Following Report That U.S. Supreme Court Could Overturn Roe v. Wade](/video/MhBKvaNJ/)

### Protests Begin Following Report That U.S. Supreme Court Could Overturn Roe v. Wade

[Alabama's Abortion Ban Is Designed to Challenge Roe v. Wade at the Supreme Court](/video/Iiu2rrSY/)

### Alabama's Abortion Ban Is Designed to Challenge Roe v. Wade at the Supreme Court

---


## Transcript

How can you impose restrictions on what Idaho can criminalize simply because hospitals in Idaho have chosen to participate in Medicare? I don't understand how the squares with a hole theory of the spending. I guess I don't really understand why we have to address the stabilizing condition if what you say is that nobody has been able to identify a conflict and on the mental health thing. The SP says I just picked it up to text but no 5 Idaho badly Ayers and asserting that consuming and tile according to its terms would turn emergency rooms into Federal abortion on Clay by allowing pregnancy termination for mental health concerns.

So if that's the only space that you can identify where Idaho would preclude an abortion and I'm Tyler would require one and that the government is saying no, that's not so what's the conflict is it also the accepted standard of care when rather than the woman's life being in Peril, the woman's health is in Peril. So let's take you know, all of these cases are rare, but Within These rare cases, there's a significant number. Where the woman is her life is not imperil, but she's going to lose her reproductive organs. She's going to lose the ability to have children in the future unless an abortion takes place doctors in Idaho and the women in Idaho are in an impossible position.

If a woman comes to an emergency room facing a grave threat to her house, but she isn't yet facing death doctors either have to delay treatment and allow her condition to material to material or there are lifting her out of the state so she can get some emergency care that she needs one hospital system in Idaho says that right now it's having to transfer pregnant women a medical crisis out of the state about once every other week. That's untenable and Impala does not countenance it one is that all it is about the provision of stabilizing care for people who are experiencing emergency medical condition.

That's one thing. I think the statute is And I also think that it is operating to displace the prerogatives of hospitals or states or whomever with respect to that fairly narrow slice of the health-care universe. We agree that and call it doesn't pose a federal stabilization requirement. But the question here is what is the content of that stabilization requirement and for that you have to reference state law if ER doctors can perform whatever treatment they determine is appropriate then doctors can ignore not only state abortion laws, but also state regulations on opioids use and informed consent requirements that turns the presumption against preemption on its head and leaves emergency rooms on regulated under state law.

It's unsurprising that no court has endorsed such an expansive view of Impala and until Dobbs NORAD. Hhf

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