• Public

  • Public
  • Network
  • Groups
  • Featured
  • Popular
  • People

IV. Alternatively, The Court Should Grant Certiorari Before Judgment. For all the reasons just explained, this Court should stay the en banc Ninth Circuit’s unreasoned order and restore the status quo: the stay pending appeal entered by the unanimous panel below. Alternatively, the Court could construe this application as a petition for a writ of certiorari before judgment, grant the petition, and set this case for expedited briefing and argument this Term on the question of whether EMTALA preempts state laws that protect human life and prohibit abor- 28 tions, like Idaho’s Defense of Life Act. Idaho is prepared to brief this case on a schedule that would allow argument during the Court’s April 2024 sitting. See Biden v. Nebraska, 143 S. Ct. 477 (2022) (deferring application to vacate injunction and granting certiorari before judgment).