Can States Legally Ban Emergency Abortions?



“Hospitals in many amici States are already experiencing strains, resulting in overcrowding, long wait times, and staff shortages, particularly in rural and underserved areas, all of which can affect morbidity and mortality,” the brief said. “Providing medical treatment to additional patients who require emergency abortion care, and who are likely to be facing heightened health risks as a result of being denied such care in their home states, will aggravate these existing healthcare stresses, threatening worse health outcomes for everyone who seeks emergency care.”

The number of abortions in the U.S. increased 10 percent from 2020 to 2023, according to the Guttmacher Institute. States with strict abortion bans saw a decrease, while almost all others saw a sharp uptick—particularly those bordering states with restrictions. The Supreme Court’s decision in this case, which is expected by early July, will continue to reshape abortion access in the country—and, if it upholds Idaho’s law, could further widen the inequality of women’s health care from state to state.





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