The Unexpected Importance of the Spending Clause

This week, we’re talking about EMTALA—yes, again. The Ninth Circuit will hear arguments over Idaho not wanting to abide by the Emergency Medical Treatment and Active Labor Act in December, and the case is sure to make it back to the Supreme Court.

This time, though, conservatives have a new weapon: the Spending Clause. Much to Jess’ chagrin, she and Imani get into how Amy Coney Barrett pulled an Alito-esque move to tee anti-choicers up to use the Spending Clause to upend EMTALA for good.

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