Nina Totenberg can still say “woman” and NPR doesn’t even Correct her. One tiny bit of the raft to cling to. She can also say “mother”!

The U.S. Supreme Court on Thursday, in a 6-3 opinion, temporarily allowed abortions in medical emergencies in Idaho. The opinion was erroneously posted on the court’s website on Wednesday.

The decision reinstates a lower court ruling that temporarily allowed hospitals in the state to perform emergency abortions to protect the life of the mother, and the health of the mother.

Congress passed the Emergency Medical Treatment and Labor Act, known as EMTALA, in 1986 to prevent hospitals from refusing care for uninsured patients or dumping them on other hospitals. The law says that as a condition for receiving Medicare and Medicaid funds, hospital emergency departments must stabilize a patient whose life or health is at risk. And if the hospital can’t do that, is must transfer the patient to a hospital than can.

Now there, you see, “patient” is the right word because the law is about patients in general, not female patients only.

That was all well and good until the high court overturned Roe. Within weeks, the Biden administration issued guidance to hospitals on how to comply with the emergency care provision under EMTALA, and the Justice Department sued Idaho for barring abortions when a pregnant woman faces an emergency that poses a grave threat to her health, but not an immediate threat to her life.

The opinion did not permanently resolve whether Idaho acted within its rights, or whether the state law is pre-empted by EMTALA. Rather, by a 6-3 vote, the court retreated from a previous ruling that had temporarily allowed Idaho’s law to take effect, meaning that emergency abortions were illegal in the state if they were to save a mother’s health, but not her life.

Idaho is cool with not saving a mother’s health. That’s nice.

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