No. 23A470
Amici (5)
Experienced Counsel
Tags: abortion emergency-medical-treatment federal-preemption medical-procedure preliminary-injunction state-law
Key Terms:
Environmental SocialSecurity Immigration JusticiabilityDoctri ClassAction
Environmental SocialSecurity Immigration JusticiabilityDoctri ClassAction
Latest Conference:
N/A
Question Presented (from Petition)
Whether the Ninth Circuit erred in vacating a panel stay of a preliminary injunction that enjoins Idaho's Defense of Life Act, which prohibits abortion except when necessary to prevent the death of the pregnant woman, on the ground that the Act conflicts with the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. § 1395dd, and whether Idaho is likely to succeed on the merits of its argument that it is not impossible to comply with both EMTALA and Idaho law, and that Idaho law does not pose a substantial obstacle to EMTALA's purpose.
Question Presented (AI Summary)
Whether a state may enforce a law restricting certain medical procedures related to abortion when such law conflicts with federal emergency medical treatment requirements
Docket Entries
2024-01-05
Application (23A470) referred to the Court.
2024-01-03
Letter to the Clerk from Applicant Idaho filed.
2023-12-01
Reply of applicant Idaho filed.
2023-11-30
Response to application from respondent United States filed.
2023-11-29
Brief amicus curiae of St. Luke’s Health System, Ltd. filed.
2023-11-27
Response to application (23A470) requested by Justice Kagan, due by 3 p.m. (EST) on November 30, 2023.
2023-11-27
Brief amicus curiae of Indiana, et al. filed.
2023-11-27
Brief amicus curiae of Advancing American Freedom, Inc. filed.
2023-11-27
Brief amicus curiae of Institute for Faith and Family filed.
2023-11-27
Brief amicus curiae of Catholic Health Care Leadership Alliance, et al. filed.
2023-11-20
Application (23A470) for a stay, submitted to Justice Kagan.
Attorneys
Advancing American Freedom, Inc.
Catholic Health Care Leadership Alliance, Catholic Bar Association, and Catholic Benefits Association
Brennan Tyler Brooks — Thomas More Society, Amicus
Institute for Faith and Family
Deborah Dewart — Amicus
St. Luke’s Health System, Ltd.
Lindsay C. Harrison — Jenner & Block, LLP, Amicus
State of Idaho
Joshua Nathaniel Turner — ldaho Attorney General's Office, Petitioner
States of Indiana, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming
United States
Elizabeth B. Prelogar — Solicitor General, Respondent