The Supreme Court appeared divided Wednesday on the Biden administration’s effort to ensure access to abortion in emergency rooms despite Idaho’s near-total criminal ban on the procedure.
During the nearly two hours of oral argument, conservative justices in the court’s 6-3 majority expressed skepticism over the federal government’s contention that the Emergency Medical Treatment and Active Labor Act, or EMTALA, trumps the state law.
But Justices Amy Coney Barrett and Brett M. Kavanaugh pushed back on arguments from both sides, making it less clear how they ultimately might rule on the issue. The court is expected to issue a decision by the conclusion of the term at the end of June.
