Supreme Court mulls whether federal emergency care law preempts state abortion bans: Listen live

The Supreme Court on Wednesday is set to hear oral arguments in Moyle v. United States, a consolidated case on whether a federal law allowing for emergency abortion health care at hospitals preempts states’ bans on nearly all abortions.

The case is one of the Biden administration’s primary efforts to protect abortion rights after the fall of Roe v. Wade in 2022.

The Justice Department contends the law requires hospitals that receive Medicare funding to provide an abortion if necessary to stabilize the health of an emergency room patient, regardless of state bans on the procedure.

Conservatives say the administration is trying to use the law to create a national abortion mandate for hospitals. They argue federal law doesn’t dictate the kind of care people receive, only that they are stabilized. 

This will be the second time in as many months the Supreme Court has heard an abortion argument after ostensibly returning the issue to the states, and the case represents the latest legal challenge that could reshape access to abortion across the country. 

Oral arguments are set to begin at 10 a.m. EDT.

Listen above.