Supreme Court Justice Samuel Alito’s dissent in a Thursday ruling on an Idaho lawsuit over a federal emergency medical treatment law opens the door to more attacks on abortion access as well as Congress’ own spending power, legal experts say.
In a dissent authored by Alito and joined by Justices Clarence Thomas and Neil Gorsuch, the conservative justices argued that the Emergency Medical Treatment and Active Labor Act (EMTALA) requires hospitals participating in Medicare to “stabilize both ‘the woman’ and ‘her unborn child.’”
