Idaho’s EMTALA Challenge Has Got Women Dead to Rights

On April 24, the Supreme Court will hear oral arguments in Moyle v. U.S., a case that will determine whether individual states are allowed to exclude a single group from this basic protection: pregnant women.

The state of Idaho claims that it has the right to forbid pregnant women and girls—and only pregnant women and girls—from receiving emergency care that could save their lives.

The Abortion Pill and the Hypocritical Oath

The lead plaintiff in the mifepristone case heard before the Supreme Court this week is a shadowy organization calling itself the Alliance for Hippocratic Medicine (AHM). The group’s name is clearly intended to evoke the Hippocratic oath, popularly understood as the commitment of doctors to “first do no harm.”

To claim, as the Alliance for Hippocratic Medicine does, that forcing a woman or child to give birth against her will, even if childbirth will seriously injure or even kill her, honors the principle of “do no harm” is perverse, but also very revealing. It makes clear that the “harm” that AHM and other anti-abortion ideologues care about is wholly imaginary.

The Constitution as a Homicide Pact

The facts of U.S. v. Rahimi reveal the gendered and destructive reality of gun use behind the illusion of abstract, idealized self-defense.

Every 14 hours in the U.S., a man uses a gun to kill his intimate partner. Pregnant women are particularly vulnerable. But the Supreme Court’s conservative commitment to “life” is highly selective, to put it mildly, and tends to value women’s lives—including those of domestic violence victims—very little. We can expect the Court’s ruling to come down in June or July of 2024.