EMTALA Dissents: Jackson Warns of ‘Storm Clouds’ for Pregnant Women, While Conservatives Long for Fetal Personhood

The Supreme Court’s dismissal of the EMTALA case drew the fierce ire of Justice Ketanji Brown Jackson. Warning of the “storm clouds [that] loom ahead,” Jackson condemned the Court’s failure to resolve the case on the merits, in accordance with the long-settled principle that “state laws that conflict with federal laws, are ‘without effect.’”

In an alternate dissent, the Court’s hardcore conservative justices—Alito, Thomas and Gorsuch—paid homage to the unborn child.