To convince the Supreme Court that the Biden administration could use federal Medicare funding to force hospitals to perform abortions in violation of Idaho law, Solicitor General Elizabeth Prelogar conceived and gave birth to some unusual arguments Wednesday.
She reached for a 129-year-old precedent that crippled the labor movement for decades, neutered legal obligations to the “unborn child” in the federal law that allegedly requires abortions in certain situations, and didn’t deny a Republican administration could use her rationale to functionally ban abortion and even transgender care nationwide.
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