Debbie Mucarsel-Powell decries emergency abortion case going all way to Supreme Court

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The Supreme Court has ruled on a controversial Idaho abortion law, and Democratic Senate candidate Debbie Mucarsel-Powell is bemoaning the fact that the case got that far in the first place.

The court’s ruling allows Idaho doctors to continue to perform emergency life-saving abortions when pregnant women are in the emergency room — at least for now. The case could get sent back to the conservative-controlled lower courts.

“Everyone deserves access to emergency medical care — end of story. It is a fundamental right that should have never been put in jeopardy in the first place,” said Mucarsel-Powell, who is seeking to challenge U.S. Sen. Rick Scott.

“This Supreme Court case is a direct result of extremist politicians like Rick Scott, who time and time again put our fundamental freedoms on the line for their own personal gain.”

In a 6-3 opinion, the nation’s highest court allowed doctors to temporarily continue performing abortions under the Emergency Medical Treatment and Labor Act (EMTALA).

“The statute does not list particular treatments — for example, defibrillation, blood transfusion, or mechanical ventilation. What it instead requires is the treatment that is medically appropriate to stabilize the patient,” Justice Elena Kagan said in her concurring opinion.

“And when a pregnancy goes terribly wrong, that treatment may be an abortion. Termination of the pregnancy (which is often of a non-viable fetus) may be the only way to prevent a woman’s death or serious injury, including kidney failure or loss of fertility.”

However, the Supreme Court did not decide the core of the case and if there is a right to emergency abortion care in every state. Instead, the 2022 lawsuit could get sent back to the lower courts in Idaho, where Republicans hold power.

“There is simply no good reason not to resolve this conflict now,” Justice Ketanji Brown Jackson wrote, arguing the Supreme Court should have resolved the legal uncertainty.

The U.S. Department of Justice sued Idaho in 2022 over its abortion ban. Idaho has one of the most restrictive laws in the United States. Abortion is banned, although there are some exceptions, including to save the mother’s life. Doctors who perform abortions not permitted by law can face criminal charges.

A Florida doctor recently joined medical professionals advocating to be able to care for their patients under EMTALA, which covers hospitals receiving Medicare, meaning most hospitals. She spoke at a press conference this month organized by the Committee to Protect Health Care.

In Florida, an initiative aiming to protect abortion rights is going to be on the ballot this November. Amendment 4 requires at least 60% of the vote to pass.