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U.S. Supreme Court

Jul. 8, 2024

Why Moyle was no victory for abortion rights

The Supreme Court’s decision in Moyle v. United States has delayed or avoided ruling on the most critical question presented in the case: Can states prevent doctors from providing an abortion where a medical emergency exists? The ambiguity has left healthcare providers and advocates uncertain about the outcome.

Deborah J. Rotenberg

Partner, Murphy Austin Adams Schoenfeld LLP

Health Law Section

Beth Parker

Parker Law & Mediation

Beth Parker is with Parker Law & Mediation, former general counsel to Planned Parenthood Affiliates of California, and current adjunct law professor at University of California College of the Law, San Francisco.

Shutterstock

The Supreme Court's decision in Moyle v. United States appears at first glance to hand pro-choice healthcare providers and advocates a rare victory. (603 U.S. _____ (2024).) A closer look, however, reveals the Court only delayed, or just avoided, ruling on the most critical question presented in that case: Can states prevent doctors from providing an abortion where a medical emergency exists, where an abortion is the stabilizing treatment ...

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