Supreme Court appears skeptical that state abortion bans conflict with federal health care law

WASHINGTON (AP) — Conservative Supreme Court justices appeared skeptical Wednesday that state abortion bans after their sweeping ruling overturning Roe v. Wade violate federal healthcare law, though some also questioned the effects on emergency care for pregnant patients.

The case marks the first time the Supreme Court has considered the implications of a state ban since overturning the nationwide right to abortion. It comes from Idaho, which is among 14 states that now ban abortion at all stages of pregnancy with very limited exceptions.

The high court has already allowed the state ban to go into effect, even in medical emergencies, and it was unclear whether members of the conservative majority were swayed by the Biden administration's argument that federal law overrides the state in rare emergency cases where a pregnant patient's health is at serious risk.

The closely watched case tests how open the court is to carving out limited exceptions to state abortion bans. Their ruling, expected by late June, will also affect a similar case in Texas and could have wide implications amid a spike in complaints that pregnant women have been turned away from emergency rooms care since Roe was overturned.

The Biden administration says abortion care must be allowed in those cases under a law that requires hospitals accepting Medicare to provide emergency care regardless of patients' ability to pay.

Justice Samuel Alito, who wrote the decision overturning Roe v. Wade, was doubtful. “How can you impose restrictions on what Idaho can criminalize, simply because hospitals in Idaho have chosen to participate in Medicare?” Alito said.

Idaho contends its ban does have exceptions for life-saving abortions, and the administration wants to wrongly expand the times when it's allowed to turn hospitals into “abortion enclaves."

But liberal justices detailed cases of pregnant women hemorrhaging or having to undergo hysterectomies after abortion care was denied or delayed in states with bans.

“Within these rare cases, there’s a significant number where the woman’s life is not in peril, but she’s going to lose her reproductive organs. She’s going to lose the ability to have children in the future unless an abortion takes place,” said Justice Elena Kagan.

Conservative Justice Amy Coney Barrett, meanwhile, said she was “kind of shocked” that an attorney for Idaho appeared to hedge when asked whether the state would allow abortions in cases like those. Attorney Joshua N. Turner responded that doctors can use their “good faith” medical judgment under Idaho's life-saving exception, but Barrett continued to press: “What if the prosecutor thinks differently?”

Turner acknowledged that a doctor could face a criminal case in that situation. Performing an abortion outside of limited exceptions in Idaho is a felony punishable by up to five years in prison.

Most Republican-controlled states have started enforcing new bans or restrictions since Roe was overturned, and Turner said those laws all have narrower exceptions than the federal law.

“This isn’t going to end with Idaho. This question is going to come up in state after state," he said.

Doctors have said Idaho’s abortion ban has already affected emergency care. More women whose conditions are typically treated with abortions must now be flown out of state for care, since doctors must wait until they are close to death to provide terminations within the bounds of state law.

Abortion opponents say doctors have mishandled maternal emergency cases, and argue the Biden administration overstates health care woes to undermine state abortion laws.

The justices also heard another abortion case this term seeking to restrict access to abortion medication. It remains pending, though the justices overall seemed skeptical of the push.

The Justice Department originally brought the case against Idaho, arguing the state’s abortion law conflicts with the 1986 Emergency Medical Treatment and Active Labor Act, known as EMTALA. It requires hospitals that accept Medicare to provide emergency care to any patient regardless of their ability to pay. Nearly all hospitals accept Medicare.

A federal judge initially sided with the administration and ruled that abortions were legal in medical emergencies. After the state appealed, the Supreme Court allowed the law to go fully into effect in January.

The audience was sparse inside the court, with several benches empty or sparingly used. But outside, dueling protesters gathered with signs such as “Abortion saves lives,” from one side of the crowd and “Emergency rooms are not abortion clinics” from abortion opponents.

Abortion-rights activists rally outside the Supreme Court on Wednesday, April 24, 2024, in Washington. (AP Photo/Mariam Zuhaib)

Anti-Abortion activists rally outside the Supreme Court, Wednesday, April 24, 2024, in Washington. (AP Photo/Jose Luis Magana)

Abortion-rights activists rally outside the Supreme Court, Wednesday, April 24, 2024, in Washington. (AP Photo/Jose Luis Magana)

Anti-Abortion and Abortion-rights activists rally outside the Supreme Court, Wednesday, April 24, 2024, in Washington. (AP Photo/Jose Luis Magana)

Abortion rights activists, covered in blankets with red paint, lie down as they rally outside the Supreme Court, Wednesday, April 24, 2024, in Washington. (AP Photo/Jose Luis Magana)

FILE - The Supreme Court is seen in Washington, March 7, 2024. The Supreme Court is considering a case that will determine when doctors can provide abortions during medical emergencies in states with bans enacted after the high court's sweeping decision overturning Roe v. Wade. (AP Photo/J. Scott Applewhite, File)

BLAINE, Minn. (AP) — Taylor Pendrith shot a 7-under 64 on Friday to take a two-stroke lead over Matt NeSmith into the weekend in the 3M Open.

Playing in windier afternoon conditions, Pendrith made a 30-foot birdie putt on the par-4 16th and tapped in for another birdie on the par-5 18th. He had a 12-under 130 total at the TPC Twin Cities, playing the first 36 holes without a bogey.

The 33-year-old Canadian won the CJ Cup Byron Nelson in May in Texas for his first PGA Tour title. He tied for fifth last week in the Barracuda Championship in California.

“Today was pretty tricky with the wind, it was blowing pretty hard at times, so my speed was great all day and stayed really patient," Pendrith said. “I didn’t really have many good looks through the first hour I would say of golf and was able to stay patient and make a couple, made a couple longer ones, which was nice.”

NeSmith had a 64 in the morning before wind gusts topping 20 mph hit the course in the afternoon and early evening.

Seeking his first PGA Tour victory, NeSmith lost in a playoff two weeks ago at the ISCO Championship in Kentucky, his lone top-10 finish in 20 prior starts this season. He has missed 11 cuts.

“Patience is key out here whether it be to win golf tournaments, to make cuts, to try and keep your card to try and get in the top 30,” NeSmith said. “I think it pertains to each and every person out here. You never know when you’re going to get hot, you never know when good golf’s coming. Just kind of try and be patient, try and keep calmer heads and you never know what will happen.”

First-round leader Jacob Bridgeman had a 70 to drop three strokes back at 9 under with Andrew Putnam (66). Doug Ghim (64), Lanto Griffin (66), Alex Smalley (65) and Jhonattan Vegas (66) were 8 under.

“I felt like anything under par today was pretty good, especially in the afternoon,” said Bridgeman, one of the last players to tee off Friday. “The wind was blowing really hard in the beginning of the round, caught a little bit of a lull at the end, which was nice. But greens were kind of bumpy from all the traffic. … I stayed patient all day, didn’t really have a whole lot of great chances.”

The event is the second-to-last tournament before the FedEx Cup playoffs begin, with some players near the 70-player cutoff failing to advance to the weekend. Nick Dunlap (64th in the standings), Luke List (71st) and defending champion Lee Hodges (73rd) missed the cut.

Jacob Bridgeman walks on the 10th tee during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Stewart Cink watches his tee shot on the 10th hole during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Kurt Kitayama watches his tee shot on the second hole during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Lanto Griffin watches his tee shot on the second hole during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Andrew Putnam watches his tee shot on the second hole during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Matt NeSmith walks off the 18th green after his putt during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Matt NeSmith watches his tee shot on the second hole during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Taylor Pendrith lines up his putt on the 18th green during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)

Taylor Pendrith putts on the 18th green during the second round of the 3M Open golf tournament at the Tournament Players Club, Friday, July 26, 2024, in Blaine, Minn. (AP Photo/Charlie Neibergall)