Republicans in Idaho asked the Supreme Court to decide whether state bans or federal law take precedence.
This is absurd. Federal law always takes precedence, even if it’s a section of a state constitution versus a law passed by Congress. Period. It’s the supremacy clause of the US Constitution, and it’s quite clear. The supremacy clause doesn’t cover executive order, but this case is about EMTALA, a law passed by Congress.
Now if they want to argue the Biden administration’s enforcement of that law is going beyond the bounds set by the law, that would be something SCOTUS would need to decide. But as far as I can tell they aren’t arguing that. They’re saying if the Court lets the Biden administration require emergency abortions in opposition to state law, then that will let them require elective abortions as well, which is an even more absurd claim since the scope of EMTALA is strictly for medical care when the health or life of the patient is at risk without it.
This is absurd. Federal law always takes precedence, even if it’s a section of a state constitution versus a law passed by Congress. Period. It’s the supremacy clause of the US Constitution, and it’s quite clear. The supremacy clause doesn’t cover executive order, but this case is about EMTALA, a law passed by Congress.
Now if they want to argue the Biden administration’s enforcement of that law is going beyond the bounds set by the law, that would be something SCOTUS would need to decide. But as far as I can tell they aren’t arguing that. They’re saying if the Court lets the Biden administration require emergency abortions in opposition to state law, then that will let them require elective abortions as well, which is an even more absurd claim since the scope of EMTALA is strictly for medical care when the health or life of the patient is at risk without it.
I’m on the pro-choice side, I don’t think it’s fair to make that statement without mentioning the 10th amendment.