meta_pixel
Tapesearch Logo
Log in
Slate Daily Feed

The Jurisprudence of Bleeding Out

Slate Daily Feed

Slate

Business, News, Society & Culture

3.9 • 1.1K Ratings

🗓️ 13 April 2024

⏱️ 65 minutes

🧾️ Download transcript

Summary

Get your tickets for Amicus Live in Washington DC on May 14th here.

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.

Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.


Hosted on Acast. See acast.com/privacy for more information.

Transcript

Click on a timestamp to play from that location

0:00.0

The risks of waiting until you're at the brink of death, even if you don't die,

0:10.8

will have consequences to your life and future fertility and organs. It's not

0:17.1

harmless to wait until the brink of death to intervene and in emergency medicine we've always known that.

0:24.0

Hi there and welcome to Amicus, this is Slate's podcast about all things legal and judicial and

0:34.8

Supreme Courtish. I am Dahlia Lithwick. I cover the courts and the law for Slate.

0:39.8

On Tuesday of this past week, the Supreme Court of the Great State of Arizona brought back

0:46.5

an 1864 anti-abortion statute that contains no exceptions for rape or incest or maternal health and it did so under the theory

0:55.7

that after Dobbs every single day is the 1860s again for women in America and so in two weeks time, presumably unless this has

1:05.3

repaired any physician performing any abortion in Arizona that isn't done

1:09.8

to save the life of the pregnant person will face between two to five years in jail.

1:15.6

Not a joke, not a drill.

1:17.8

We are going to be turning our attention on this week's show to the next big abortion case to be argued at the Supreme Court.

1:25.1

It is Amtala time, folks, a dispute over whether states can decline to abide by the Emergency Medical

1:32.0

Treatment and Labor Act.

1:33.4

M-Tala is a federal law that requires providing stabilizing care for all emergency room patients,

1:40.0

including abortion care, even if that care conflicts with a state's own narrower abortion rules.

1:47.0

So we're going to be talking to ER physician, Dr. Derek Cass,

1:51.0

who's going to help us think about what doctors think about when they are

1:55.2

tasked with providing emergency care.

1:58.2

In other news, the law of Trump Beat continues to ramp up with a whole bunch of litigation happening first of all in

2:06.0

Judge Eileen Cannon's courtroom in Florida and also in New York City where Donald Trump

2:11.8

ostensibly goes to trial for campaign finance

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Slate, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Slate and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.