‘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.

Trump’s Abortion Position, Explained

Donald Trump on Monday said he believes abortion should be left to the states. Sidestepping formally endorsing a nationwide ban, the former president’s announcement is already being perceived by some as an attempt to strike a compromise position on a top issue for women voters.

Here’s what Trump’s leave-it-to-the-states abortion position would look like in practice—according to anti-abortion leaders, reproductive rights experts, and Trump himself. In short, it leaves people in abortion states suffering consequences of extreme bans imposed in the wake of the Dobbs decision, and would leave his presidency multiple avenues to highly restrict abortion access nationwide.

Far-Right Players Behind Latest Attacks on Abortion in Emergencies

In April, the nation’s highest Court will hear a pair of cases that will determine whether the Emergency Medical Treatment and Labor Act (EMTALA) preempts state laws that impede emergency abortions needed to protect the health of pregnant people even if they are not on the brink of death. 

Both of these cases have ties to the main anti-abortion zealots that helped overturn Roe: Leonard Leo and Alliance Defending Freedom. 

Inside an Abortion Clinic Invasion

At 9:05 a.m. on Thursday, Oct. 22, 2020, a group of anti-abortion extremists from at least six states forced their way into the Washington Surgi-Clinic, a facility that provides abortion care in Washington, D.C.

This article reveals, for the first time, how a violent clinic invasion was planned and executed. It is based on testimony by Davis, forensic analysis by FBI agents of the defendants’ social media and cell phone records, footage obtained from the clinic’s security cameras and responding police officers’ body cameras, as well as the extremists’ own Facebook livestream of what they interchangeably called a “lock-and-block” and a “rescue” (a term coined by anti-abortion extremists to mean physically preventing women from obtaining abortion care). (This article originally appears in the Winter 2024 issue of Ms. Join the Ms. community today and you’ll get issues delivered straight to your mailbox!)

The Truth About the Adoption Option

During oral arguments in Dobbs v. Jackson, the case that would end 50 years of protections for abortion rights in the U.S., Justice Amy Coney Barrett asked lawyers for a Mississippi clinic, “Why don’t safe-haven laws take care of that problem?” Ignored by the justices was extensive research showing that forced birth has consequences—devastating ones—for the woman, for the infant and for the communities where they live.

(This article originally appears in the Spring 2023 issue of Ms. Join the Ms. community today and you’ll get the issue delivered straight to your mailbox!)

What Will the Supreme Court Decide Next?: Ms. Magazine Spring Issue Explores

In the Spring 2023 issue of Ms., contributing editor Carrie Baker examines how the legal reasoning used in Dobbs could erode women’s rights beyond abortion.

In the face of these threats, experts point to the Equal Rights Amendment as a potential avenue to fight back. Join the Ms. community today and you’ll get the Spring issue delivered straight to your mailbox!

U.S. Rape Culture Is Sidelining and Silencing Future Female Leaders

The recent CDC report on the health of U.S. high school students was sharply contextualized by chief medical officer Dr. Deborah Houry’s headline-grabbing remark at the report’s release: “America’s teen girls are engulfed in a growing wave of sadness, violence and trauma.”

Rape culture is defined in part by its tolerance of subjection of women to a continuum of threats. Rape culture is also characterized by sexism, which involves normalized denigration and dismissal of women. Failure to address these conditions for young girls creates more hurdles on their paths to success and the possibility of public leadership—where the ranks of women leaders continue to be proportionally much smaller than they are for men.