BREAKING: Supreme Court Punts Case Threatening Lifesaving Care, Opens Door to Future Challenges

SCOTUS kicks the can down the road on abortion for the second time in a single term, leaving patients and doctors across the country confused 

WASHINGTON, DC –– Today, the Supreme Court dismissed Idaho and Moyle, et al. v. United States, sending the case back to the lower courts and leaving the door open for additional attacks on access to lifesaving emergency care across the country. Though the dismissal may provide temporary relief to the people of Idaho who will now be able to access lifesaving emergency abortion care, this decision is not a victory for abortion rights. The Supreme Court has sent a clear signal that abortion access remains under attack, rather than affirming the right for people to access the lifesaving care that they need. 

Following the release of the opinion, emergency medicine physicians and patient storytellers from Idaho as well as across the country released statements highlighting how the Supreme Court’s decision leaves communities across the country confused and puts lives at risk. 

"My job is to provide evidence-based, rapid emergency care for anyone and everyone who comes into an ED-- not to wade through confusing legal jargon,” said Dr. Jessica Evans-Wall, an emergency medicine physician who practices in Boise, Idaho. “Today’s decision from the Supreme Court offers little clarity for doctors like me. Instead of breathing a sigh of relief, I am worried about what’s on the horizon as legal challenges are sure to continue. I am worried that our patients will continue to not be able to access care they need where they live."

“I nearly lost my wife Anya in 2022 after she was denied an abortion here in Florida, and the experience left our entire family traumatized,” said Derick Cook, a husband and father in Florida, whose wife lost almost half of the blood in her body and was put on life support after turned away from the hospital while experiencing a miscarriage caused by preterm premature rupture of membranes (PPROM). “Today’s decision from the Supreme Court means that what happened to Anya could happen to people across the country, and I am devastated for the families that will be affected.” 

“I nearly lost my life two years ago when I was denied emergency abortion care in Texas. Although I'm relieved that patients in Idaho will temporarily be protected by the Court's injunction, this is not enough. This ruling from the Supreme Court is another cowardly example of kicking the can on lifesaving care,” said Amanda Zurawski, a patient who spent three days in the ICU after being denied an abortion in 2022. “The fact remains that women across the country will experience what I did, and the legal back-and-forth only interferes with doctors’ ability to do their jobs, leaving patients at risk.” Zurawski sued the state of Texas, but her challenge was recently rejected by the state’s Supreme Court in a devastating blow to patients across Texas.

“Today’s decision leaves doctors and patients across the country vulnerable,” said Dr. Jessica Kroll, the President of the Idaho College of Emergency Physicians and a practicing emergency medicine physician who highlighted ongoing attacks on abortion rights and reproductive freedom leave doctors and patients confused. “The emergency room is no place for parsing through complex legal doctrine, and I feel like the Court is asking doctors like me to be lawyers, not doctors first.”

“When I experienced heavy bleeding near the end of my first trimester, I expected to receive care and information about my condition from the doctors I saw in the ER, ” said Kaitlyn Joshua of Baton Rouge, Louisiana, who was turned away from two different hospitals while suffering a miscarriage. “Instead, I was sent home confused, and made to wait until I got sicker. It was a terrifying experience, and one I hoped no other women would be forced to endure. Instead of protecting access to lifesaving care, the Supreme Court opened the door for even more attacks, and patients’ lives are still at risk.”

“Today’s decision from the Supreme Court opens the door for additional attacks on access to lifesaving care, and means that doctors and patients across the country will continue to deal with legal uncertainty in the ER,” said Veronica Ingahm, Senior Campaigns Director for Free & Just. “It’s irresponsible and unfair for the Court to put women and providers in this position, especially as attacks on abortion continue to escalate.”

Protecting abortion rights and expanding access to care has never been more universally popular, uniting Americans of all race, gender, socio-economic status, geography, and political affiliation. Recent survey data found that while only 15% of people had heard a lot or some about the Emergency Medical Treatment and Active Labor Act, the protections guaranteed by the law are overwhelmingly popular across party lines even after a simple description. Today, the Supreme Court refused to affirm those protections, 

If you are interested in speaking with any of the storytellers quoted above, please contact kelly@freeandjust.us. 

Free & Just is committed to fighting for reproductive freedom. Join us in sharing stories, raising voices, and securing our future. 

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Free & Just is fighting to stop attacks on reproductive freedom and rights. We’re working with people across the country to share real stories to show the devastating consequences of attacks on our reproductive freedom. We all deserve the right to control our bodies and lives. That’s why we’re sharing our stories, raising our voices, and fighting for our future.