The Supreme Court is set to consider a second abortion case on Wednesday, this time dealing with claims by a Republican-led state that the Biden administration is attempting to wield a 40-year-old federal law as an 'abortion mandate.' The case revolves around whether the Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho's newly enacted Defense of Life Act, which criminalizes most abortions with exceptions for rape, incest, and life of the mother.
The Justice Department argues that Idaho's law does not provide enough leeway for abortions in medical emergency situations, while proponents of the state law claim that the administration is using a federal statute as an 'abortion mandate' for political gain.