New York Attorney General Letitia James warned that the fight for reproductive rights is “not over” after the U.S. Supreme Court ruled that emergency abortions can proceed in Idaho.
The court handed down the decision in Moyle v. United States on Thursday, nearly two years after justices overturned Roe v. Wade, the landmark decision that for decades guaranteed reproductive rights across the country, upending abortion access in several conservative states.
Idaho is among the 14 states that imposed a total ban on abortions following that ruling. The case came after the Biden administration argued doctors must be allowed to provide emergency abortions under federal law, when a pregnant woman is facing serious health risks. That law is the Emergency Medical Treatment and Active Labor Act (EMTALA).
Idaho officials argued its law already has an exception to save the life of a mother and that federal protections aren’t necessary, though doctors said the state law was unclear. Thursday’s ruling still leaves left the door open for justices to reexamine the issue, sparking concerns from some reproductive rights advocates.
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James, a Democrat who has supported abortion rights, responded to the ruling in a statement.
“The Supreme Court’s dismissal of Idaho’s petitions offers some relief for now, but we know that this fight is not over. Those opposed to our bodily autonomy will continue to attack our basic rights, and much more needs to be done to provide full reproductive freedom,” James wrote.
James, along with 24 other attorneys general, submitted an amicus brief to the court in support of maintaining emergency abortion access under the federal law. She wrote that she is “proud to have worked with” these attorneys generals on the issue to “ensure that the right to reproductive health care prevails over anti-choice forces who would deny people care when their health is at serious risk.”
“Abortion care is health care, and I am committed to ensuring that abortion remains accessible for New Yorkers, and that our state remains a safe haven for those seeking care,” James wrote.
In the ruling, the justices decided that the court got involved prematurely in the case but did not address questions about the legality of emergency abortions in other states.
The court’s opinion in the case was erroneously uploaded on Wednesday but then quickly removed. Bloomberg News obtained the decision, which closely mirrors the official decision released on Thursday, before it was deleted
Newsweek reached out to James’ office for comment via email on Thursday.
Earlier this month, James also celebrated a separate Supreme Court ruling on abortion after the court protected access to mifepristone, a pill commonly used in abortions.
In the amicus brief, which was co-led with California Attorney General Rob Bonta, James and other attorneys general wrote that EMTALA requires “hospitals to provide emergency abortion care as necessary stabilizing treatment in circumstances beyond those permitted by Idaho’s law.”
“State abortion bans like Idaho’s prohibit providers from performing emergency abortions even when the providers deem the treatment to be medically necessary
and required under EMTALA. Such bans also deter treatment by creating ambiguity regarding the legality of emergency abortion care,” the brief reads.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.