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Supreme Court Justice Samuel AlitoSalon
•79% Informative
Justice Samuel Alito 's dissent opens the door to more attacks on abortion access as well as Congress ’ own spending power, legal experts say.
Alito 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’” The dissent also focused on another key aspect of how the federal government has enforced its policies nationwide: relying on the Constitution's Spending Clause.
EMTALA defines an appropriate transfer to a medical facility as in which “the transferring hospital provides the medical treatment within its capacity which minimizes the risks to the individual’s health and, in the case of a woman in labor, the health of the unborn child.
In the dissent, Alito argues that those definitions mean that.
Medicare -funded hospitals must treat, not abort, an unborn child, he says.
Legal experts say Alito 's reading of the law is incorrect and runs counter to its text, legislative history.
The Supreme Court ruling overturning Roe , Dobbs v. Jackson Women's Health Organization , had “lots of Easter eggs’ that sort of gesture toward the idea that fetal personhood is on the table.
Alito and other justices have “contorted” themselves to insert their own private beliefs into jurisprudence, Goodwin said.
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