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SOUTHEAST TEXAS RECORD

Thursday, November 7, 2024

UH Law Center Constitutional Law Expert Berman available to comment on SCOTUS emergency abortion case

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The Supreme Court is allowing emergency abortions in Idaho when a woman’s health is at risk. The decision in Moyle v. United States and Idaho v. United States, dismisses the consolidated cases on procedural grounds and reinstates a lower federal court ruling that bars the state’s abortion ban (Idaho's Defense of Life Act) where it conflicts with federal law (the Emergency Medical Treatment and Labor Act). 

University of Houston Law Center constitutional law professor Emilly Berman says the decision “may look like a win for reproductive rights, but it is actually an irresponsible delay in answering a critical question—a delay that puts women’s lives and health at risk in every state other than Idaho with restrictive abortion laws. This is a question the Supreme Court inevitably will have to answer.  In kicking the can down the road, it turns a blind eye to the suffering that will inevitably flow from its failure to clarify the law.” 

Original source can be found here.

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