After submitting a petition to the Supreme Court more than a month ago, Idaho officials again asked the justices to take the case earlier this week, arguing in a letter that “nearly identical questions” face other states, including Texas, which is in a fight with the federal government over whether state abortion bans or federal protections for emergency care have priority.
The 5th U.S. Circuit Court of Appeals ruled for Texas earlier this week, saying the decades-old Emergency Medical Treatment & Labor Act (EMTALA) should not compel doctors in the state to offer abortions when a patient’s life or health is in jeopardy.
Idaho’s similar case is pending before the 9th U.S. Circuit Court of Appeals, which has arguments scheduled for later this month. But the state decided to leapfrog that panel to take their arguments to the Supreme Court.