Federal Judge Blocks Part of Idaho Abortion Ban

Facts

• On Thurs., a US district judge temporarily barred the state of Idaho from enforcing an abortion ban in medical emergencies, citing its potential violation of the federal Emergency Medical Treatment and Active Labor ACT (EMTALA).
• While the Idaho law includes exceptions for saving the mother’s life, rape, and incest, it allowed for the prosecution of doctors when it was uncertain whether the mother would actually die.
• The Biden admin. sued Idaho over the ban earlier this month, and the judge’s ruling will apply as the lawsuit moves forward. EMTALA requires hospitals to provide medical care not only in life-threatening situations, but also if a person’s health is at risk.
• This comes after a Texas judge came to the opposite conclusion on Tues. in a separate lawsuit, ruling doctors aren’t bound by the Biden admin.’s requirement of emergency abortion care.
• The judge said Idaho can still implement its abortion law, which was written as a “trigger” law before the overturning of Roe v. Wade, but that doctors can’t be punished for performing abortions to protect pregnant patients.
• With many other abortion lawsuits currently pending, legal experts believe litigation over the mother’s health exception will continue all the way to the Supreme Court.

Sources: Guardian, Wall Street Journal, Forbes, and Washington Post.

Narratives

• Right narrative, as provided by USSA News. The ruling in Idaho is a poor interpretation of the Emergency Medical Treatment and Active Labor Act, which is why the courts should eventually side with the decision made in Texas. Idaho’s law is in no way a violation of federal law.
• Left narrative, as provided by Newsweek. Though the Biden admin.’s fight to protect abortion rights isn’t over, the ruling in Idaho is a big win after a wave of states tried to strip women of their most basic reproductive rights. With the temporary injunction in place, the DOJ must now prepare to further defend EMTALA in any future litigation.