Amicus With Dahlia Lithwick | Law, justice, and the courts

The Jurisprudence of Bleeding Out

Apr 13, 2024

The podcast delves into a Supreme Court case challenging EMTALA regulations for pregnant patients in the ER. It also discusses the potential ramifications of the case on abortion care. Additionally, the episode explores the controversy surrounding Justice Sotomayor's retirement and the gendered dynamics of the SCOTUS. Overall, a thought-provoking discussion on healthcare, legal battles, and judicial concerns.

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Introduction

00:00 • 3min

Debates on Emergency Medical Treatment Obligations and Legal Battles Involving Donald Trump

02:40 • 3min

Navigating Federal and State Laws in Emergency Medicine: The EMTALA Dilemma

05:12 • 15min

Navigating the Gray Areas of Emergency Medicine and Decision-Making

20:20 • 3min

Navigating Legal and Medical Challenges in Emergency Care

23:11 • 18min

Challenges in Addressing Fatal Pregnancy Outcomes

41:11 • 5min

Navigating the Aftermath of Ginsburg's Death: Systemic Issues and Political Strategy

46:17 • 15min

Justice Sotomayor's Legacy and Judicial Philosophies

01:01:02 • 10min

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We shouldn’t be surprised that we have to keep saying it, but here we are: the Supreme Court (notably trained as lawyers) will soon make decisions about how doctors (notably trained as doctors) can treat pregnant patients in the emergency room. Moyle v. United States - consolidated with Idaho v. United States - is the result of an Idaho lawsuit challenging EMTALA, a federal law requiring hospitals to do whatever they can to stabilize whoever comes through their ER doors with a medical emergency. Sometimes this requires abortion care, and for a faction of conservative advocates, this cannot stand.

Ahead of oral arguments the week after next, we wanted to get a sense of what healthcare looks like for pregnant women experiencing medical emergencies now, and how this case threatens to undermine that care in the future. This week, Dahlia Lithwick speaks with Dr. Dara Kass, an emergency medicine physician, about what EMTALA was built to do, what ER physicians are being asked to do, and what will happen should Idaho prevail in this case.

Later in the show, Slate’s Mark Joseph Stern joins to discuss the hullabaloo over when, if, and how Justice Sotomayor should be made to retire and the very gendered work of keeping SCOTUS from going off the rails (any more than it already has).

In today’s bonus episode only for Slate Plus members Dahlia and Mark discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.

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