Category: Health

Can Idaho ‘Force Someone Onto a Helicopter’ as the Standard of Medical Care for Accessing Health-Stabilizing Abortions?

In the wake of Dobbs, while most abortion-restrictive states have maintained an exception to preserve the health of the pregnant woman, a handful of ban states—including Idaho—no longer permit abortions needed to protect a pregnant person’s health. The Biden administration says this is in direct conflict with the federal statute EMTALA.

Solicitor General Elizabeth Prelogar encapsulated what Justice Sotomayor referred to as the “big daylight” between the two laws: “In Idaho, doctors have to shut their eyes to everything except death—whereas, under EMTALA, you’re supposed to be thinking about things like: Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?”

‘Tragedy Upon Tragedy’: What the Justices’ Questions on EMTALA Revealed

The narrowing of options for physicians in Idaho leaves them in a bind: Do you perform an abortion that could save a woman’s life or her organs, as dictated by EMTALA, or will you face penalties under Idaho law? 

Oral arguments can sometimes reveal how the justices of the Supreme Court are approaching the issue at hand. The questions asked by the justices suggest three things: a lack of clarity under Idaho law; abortion as the standard of care; and acknowledgement of fetal personhood.

Will the Supreme Court Dump Women’s Lives and Futures *Again*?

We’ve come to the point in post-Dobbs America where the legal system, and the nation’s highest Court, are now entertaining questions about how long is too long for a woman to have to wait to receive emergency care when her organs—including her reproductive organs—are in danger.

Will women again be failed by this Court? Or will the justices finally be able to look at the devastation they have caused to women and families and not blink? 

Nine Need-to-Know Changes From the New Title IX Rules

The United States Department of Education last week released its much-anticipated amendments to the existing Title IX regulations—which prohibits discrimination on the basis of sex in any education program or activity that receives federal financial assistance. 

The amendments make substantial changes to the existing Title IX regulations. Experts anticipate these new changes will result in an increase in the number of Title IX complaints, since they broaden the protections of Title IX. The Education Department is requiring all schools implement the new 2024 regulations by Aug. 1. 

Here are nine significant changes to Title IX that interested parties in higher education should know.

Medical Records for Out-of-State Abortions Will Now Be Protected by HIPAA

Healthcare providers aren’t allowed to tell law enforcement about a patient’s abortion if they received the procedure in a state where it is legal, it is protected by federal law, or it is permitted by state law, the Biden administration said Monday. The rule will take effect in 30 days, and it represents a meaningful shift.

But it’s unclear whether it will protect medical data for people who self-manage their abortions by receiving medication in the mail, often from a prescribing physician in a state with laws protecting reproductive rights.

When It Comes to Abortion Bans, ‘Life of the Mother’ Exceptions Are a Lie

This Wednesday, Idaho will attempt to defend its extreme abortion ban at the Supreme Court. Like many other abortion bans in the United States, the Idaho law contains a so-called life exception, which purports to allow an abortion when “necessary to prevent the death” of the pregnant person.

But do these exceptions actually preserve the lives of patients in practice? As Mayron Hollis, Amanda Zurawski, the family of Yeniifer Alvarez-Estrada Glick, and countless other women can attest, the answer is no. And the truth is, they’re not designed to. 

Arizona Republicans Are Divided Over Abortion. For Progressives, This Is a Political Opportunity.

The Arizona Supreme Court resurrected its zombie pre-statehood criminal abortion ban earlier this month, which is slated to go into effect as early as June.

The decision, which took many by surprise, has sent Republican lawmakers and antiabortion activists in the state into a strategic tailspin as they seek to prevent the widespread outrage over the decision from transforming Arizona into a state that priorotizes reproductive freedom during the November elections.

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.

How ‘Dobbs’ Threatens the Future of Feminist Education

Dobbs hasn’t just restricted reproductive rights; it’s impacted the classroom. In some ways, this impact has been very direct. In 2022, the University of Idaho released a memo warning all faculty and staff to avoid counseling or referring anyone to abortion services while on the job to comply with a broad, unclear law preventing any state resources going toward abortion access.

This lack of clarity impedes feminist theorizing in women’s studies classrooms, especially, since women’s studies departments often serve as a locus for discussions of gender-based oppression on campuses.