Ethics in Crisis
What four core principles form the foundation of biomedical ethics?
Beneficence, nonmaleficence, autonomy, and justice
True or false: EMTALA is a federal law.
True
What is a concern of the government in this case?
The government is concerned with the prosecution of physicians who act to save a life by providing an abortion, and the direct conflict with EMTALA that the Idaho Ban provides.
What was the name of the hospital that was granted a temporary restraining order that sought to extend protections for doctors who give emergency abortions?
St. Luke's Health
What code of ethics deems that doctors must prioritize patient welfare above politics or law?
The AMA Code of Ethics
What does Idaho's Defense of Life Act aim to do?
Criminalizes abortion as a felony and punish anyone who performs or attempts to perform an abortion.
Name a "Pro" and a "Con" if EMTALA takes precedence over Idaho's Abortion Ban.
Cons:
Will have to go through the trouble of making changes to the law to include abortion as life saving care AND to prevent harm from being done, even if the pregnant person’s life is not threatened.
EMTALA previously relied on the individual physician’s judgement of what life saving care is, this may change that and put constraints on their freedom.
Benefits:
Constituents will receive the life saving care they are entitled to.
Eliminates vague, narrow terminology that leads to confusion and unnecessary legal action.
People who are disproportionately affected by abortion bans will face the strongest impacts - what is an example of a group that faces disproportionate harm?
People of color, low-income patients, and rural residents
What kind of hazard are doctors caught in with the EMTALA vs. Idaho legal conflict?
Moral Hazard
Under U.S. Constitution’s Supremacy Clause, Article VI, Clause 2...
...Federal law trumps conflicting state law.
Name a "Pro" and a "Con" if the Idaho Abortion Ban takes effect.
Cons:
Puts physicians and pregnant people in harm's way - either to their freedom or to their bodies.
Pregnant people regardless of their desire to be pregnant will die/lose their unborn child.
Physicians will be arrested and prosecuted for saving the life of their patient.
People who are disproportionately affected by abortion bans will face the strongest impacts
Pros:
Anti-abortion activists are satisfied.
States are given more power over the federal government, which can be interpreted as a win for anti-federalists.
A few exceptions were added to Idaho's Abortion Ban a few years after it was created - what were they?
preventing death of the pregnant person, ectopic pregnancies, or pregnancies resulting from rape or incest
What is Medical Paternalism?
It is a practice where physicians make decisions bout a patient's care without fully considering or respecting the patient's preferences or autonomy.
What did the US District Court issue that allowed physicians to provide emergency abortions if necessary?
A preliminary injunction
What power can be exercised by the states (eg. implementing a ban) to enact legislation and promulgate regulations to protect the public health, welfare, and morals - and to promote the common good?
Police Powers
What were the proposed legal penalties in place for performing/attempting to perform an abortion under Idaho's ban?
2-5 years in prison