Slippery slopes, tension on the bench and other takeaways from Wednesday's arguments.
Advocates for abortion rights hold an "abortion is health care" rally in front of the Supreme Court as justices hear oral arguments in the cases of Idaho v. United States and Moyle v. United States on April 24, 2024, in Washington.
Security was extra tight at the high court Wednesday, and the justices had far shorter fuses than they did duringover the FDA’s regulation of the widely used abortion pill mifepristone. Some justices aggressively sparred with the attorneys for both sides and even with one another. Others voiced confusion and frustration over why the Idaho case was before them in the first place.
Arguing for the Biden administration, Solicitor General Elizabeth Prelogar flatly rejected the claim, saying that abortion is never the recommended standard of care in that circumstance because it “wouldn’t do anything to address the underlying brain chemistry issue that’s causing the mental health emergency in the first place.
“One hospital system in Idaho says that, right now, it’s having to transfer pregnant women in medical crises out of the state about once every other week,” the solicitor general said. “That’s untenable.”“You’ve touched on what’s happening on the ground, and that’s an important consideration,” said Justice Brett Kavanaugh, who spoke only a few times during Wednesday’s arguments. Kavanaugh, along with Roberts and Barrett, likely will be a pivotal vote in the case.
Roberts and Kavanaugh also seemed to struggle with some of the state’s arguments. Kavanuagh, in particular, appeared eager to narrow the dispute by moving away from hypotheticals and trying to nail down whether Idaho and the federal government actually disagree about the sorts of cases or conditions where an abortion should be available.Some conservative justices appeared to question whether there is any legal conflict at the core of the case.
Turner did appear to argue that his state and others have the right to set their own medical standards, even if they conflict with federal protections.
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