Elena Kagan Asks Lawyer Point Blank If He Disputes ‘Medical Standard Of Care’ In Idaho Abortion Case

Justice Elena Kagan questioned Joshua Turner, attorney for Idaho's Office of the Attorney General, during Wednesday’s oral arguments in Moyle v. United States & Idaho v. United States.
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[@april5666]

BALANCE THE SUPREME COURT: 13 circuits = 13 SC Justices make america SANE again

[@scotttiede]

Can't win by playing by the rules? Cheat! 100% leftist playbook.

[@marymccluer1630]

Thank you, Justice Kagan! EMTALA is a bedrock law that all healthcare providers know. Idaho, please don't make saving patient lives a legal liability.

[@1yehny]

EMTALA only applies if the pt came to the hospital seeking emergent care. The state issues the medical license, not the federal government

[@jwiki1]

Exactly!!

[@davinxi5926]

There should be a federal oversight and licensing board

[@BN-sm7pd]

There are federal protections in place that are to be followed nationwide due to unethical treatment of pregnant people prior to the EMTALA! States do issue medical licenses, but as with all medical licenses, there are BEST PRACTICES! Individual states determining what medical licensed doctors can do in their state, which goes against standards of practice outlined by the ACOG, AWHONN, AMA, CDC, SMFM, ANA, etc., is unethical!!

[@mochafudgetruffle]

No hospital should be allowed to deny treatment to women who are pregnant. Men are not denied healthcare.

[@crimony3054]

@@BN-sm7pd But all the practices outlined by the professional associations were promulgated when Roe prohibited states from participating.

[@codyallen9486]

I like how everyone loves democracy except for abortion. Have your state vote on it.

[@saturday1066]

everyone doesn't "love" democracy. (I get your sarcasm. it's also why the frothy right keeps typing "IT'S A REPUBLIC!!" even thos that's a type of democracy. "I ONLY REMEMBER $th GRADE - Athens vs Sparts!!")

[@codyallen9486]

@@saturday1066 it's a type of representative government and done locally in a democratic vote but it's not a direct democracy. If a prop comes up vote like in a democracy. Just like states have already done. Kansas I believe voted democratically in a Republic government.

[@jjm4633]

What am I looking at?

[@sharonannrees2824]

The Supreme Court Building.

[@boon6916]

Responsible people not abortion, if woman is aborting by choice she obviously doesn’t care about her organs.

[@lindatshappat4973]

If a mother wants to abort a fetus because it is missing half its' brain, has cyclopia ( one eye in the middle of its' forehead) or any number of horrific birth defects why wouldn't she want to maintain her fertility and ovaries so they can try again ? In the US one baby out of 33 are affected by birth defects costing in excess of 23 billion dollars for just hospitalizations yearly. Birth defects cause 1 in every 5 deaths in the first year. That statistic reflects conditions before the Dobbs decision. The number of babies born with serious birth defects has risen. Some will require care the rest of their life and will suffer daily. If your baby in utero was shown thru testing to have a devastating life threatening birth defects would you want to be castrated and made infertile and become a "jaffa"? There are many reasons why someone would choose abortion and all of them are not your business and do not have a direct effect on you.

[@boon6916]

@@lindatshappat4973 statistics are minute and doesn’t apply to the vast number of abortions. Cases can be difficult and discussed with a doctor I understand but unilaterally aborting heathy children is wrong…I will pray for you as I can’t agree with you.

[@lindatshappat4973]

@@boon6916 Loss of ovaries causes early menopause, brittle bones and other issues. Hysterectomy is major surgery. Possibly preventable if hospitals would provide the necessary care when it is needed instead of delaying care. Instead of praying for me do something more useful like get factual information instead of wasting your time jumping to erroneous conclusions about women you don't know and about a topic you know very little about . It is those types of judgemental and ignorant attitudes that are causing church congregations to shrink and turning people away from Christianity.

[@e23779]

This is about women with wanted pregnancies that are suddenly failing. Idaho law requires her to be at death’s door before anything can be done to help her. The insistence on maximizing fellow citizens’ suffering in the midst of an unavoidable tragedy is ghoulish and sadistic

[@Spyrit2011]

@@boon6916 Numbers 5 , do you know this? It would seem your god has no trouble ending the life of a fetus.

[@crimony3054]

Kagan believes that the life of a fetus is unimportant when the female's ovaries are at risk?

[@leebrown6247]

She believes that should be a decision between the woman and her physician.

[@Dan-vo7vc]

If a fetus made of 4 or 6 cells is important because of its life potential, why wouldn't thousands of potential lives in her ovaries be just as important?

[@crimony3054]

@@Dan-vo7vc Four or six cells don't usually endanger the life of the mother, but I see your point. To me it seems like a fetus that is endangering the female is going to be pretty far along, which heightens the idea that there are two human lives at stake. Kagan might have the wrong example for her point.

[@e23779]

Yes. The federal law states they can’t refuse to treat you and let things get worse with any aspect of your health. This law doesn’t only apply to men!

[@e23779]

Again, if you have an issue with this you have an issue with the federal law that says emergency rooms need to treat people. Ovaries are for more than getting pregnant, going into early menopause due to loss of the hormones they produce can have dire health consequences. The woman doesn’t have to accept a termination. But the government doesn’t have a right to impose that loss of health on her. It’s not generally a case of healthy fetus vs the mother’s health, anyway. In most of these cases the pregnancy can’t be saved, but due to religious dictates they’ve written into their state law they’re not allowed to save the mother either until a certain point where it may be too late for her. You don’t actually want to live in a country where treating people when you go to the emergency room is optional. That’s why even Amy Coney Barrett was pushing back hard on Idaho, at one point telling them she was “shocked” by the incoherency of their position. If you oppose elective abortion that’s one thing but working those issues out on the backs of people mourning much-wanted pregnancies while struggling to stay alive is ugly.

[@terryfriend16]

Abortion is about a woman's right, and decided by the states, however, haven't we've given enough knowledge to safely having intimacy between two individuals? I'm tired of this.

[@leonardcollings7389]

Fetus in Latin means little baby. If a woman is pregnant does she say I'm having a fetus or I'm having a baby?

[@johnseaberg5028]

Abortion is murder

[@scotttiede]

Kagen has a perspective. It just so happens to be a godless one.

[@rebchizelbeak5392]

Her god is herself.

[@disgruntledpelican5660]

Separation of church and state. Our perspectives of what God accepts and shouldn’t should not inform our laws. God’s law is greater than ours, let’s acknowledge that, but let’s not use it to the detriment of our fellow man or woman.

[@april5666]

Separation of Church and State. The erosion of this bedrock principle 50+ years is exactly how the GQP has brought us to this insanity. Make America SANE again: 13 circuits = 13 Justices VOTE BLUE

[@mzhappyfree7688]

@@disgruntledpelican5660interesting that Jewish law allows for abortion… Standard of care should be based medical standards not some political pandering… Under no circumstance does someone have the God given right to my body… any life that requires my blood, my body, my organs must have more permission to do so. Funny how evangelicals supported abortion until late 70’s. What did the word of God change 🤔😤🤬

[@scotttiede]

@@april5666 Show me the separation of church and state in any founding document or the Federalist Papers. The separation you're thinking of is the one that keeps the state out of the church's business, but allows people of faith to influence the government though their vote. A representative republic is not a godless republic by definition.

[@palmettohorn]

What about “the standard of care” for the life that’s in the womb, Justice Kagan?