Main Facts
Idaho lawyers have requested permission to implement a strict abortion ban that criminalizes abortion and threatens service providers with imprisonment, while facing legal challenges.
Key Details
Idaho lawyers have requested permission to implement a strict abortion ban while awaiting a legal challenge from the Biden administration.
The abortion ban in Idaho, known as the Life Defense Act, prohibits abortion at all stages of pregnancy and makes performing or attempting to perform an abortion a criminal offense punishable by imprisonment, with exceptions for the life of the mother and victims of rape or incest.
Doctors and medical professionals convicted of the criminal abortion offense face a minimum prison sentence of two years and a six-month license suspension, according to the law.
A federal Idaho judge struck down the law in 2022, finding that it violates the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals to provide stabilizing treatment to all patients.
A Trump-appointed panel of three judges from the Ninth Circuit Court reversed the lower court’s decision in September, allowing Idaho to implement the ban.
However, a nine-judge panel from the same court reversed the decision again in October, agreeing with Judge Winmill’s assessment that emergency room doctors could be constrained by the threat of prosecution for providing treatment.
Major Criticism
Idaho lawyers asserted that the Biden administration’s use of EMTALA contradicts the purpose of the law. The state stated in the lawsuit, “EMTALA is silent on abortion and actually requires the provision of stabilizing treatment for unborn children of pregnant women.” They added, “Congress did not enact EMTALA to address abortion at all, but ‘to respond to the specific problem of hospital emergency rooms refusing to treat patients who do not have health insurance or who cannot pay for treatment.’” Other conservative activists agreed. Erin Hawley, general counsel for the Alliance Defending Freedom, a prominent conservative Christian legal group involved in abortion-related lawsuits nationwide, stated, “Hospitals, especially emergency rooms, are centers for preserving life. The government has no business turning them into abortion clinics.” Attorneys from the Alliance Defending Freedom have assisted the Idaho Attorney General’s office in the current legal dispute.
Background
Idaho began implementing the Life Defense Act on August 25, 2022, about two months after the Dobbs v. Jackson Women’s Health case overturned the long-standing right to abortion. The law is referred to as the “trigger law,” designed to go into effect immediately upon the overturning of Roe v. Wade. Already, 13 states have passed trigger laws, and there were six bans that were still in effect before the Roe v. Wade case. According to the Reproductive Rights Center, Idaho has since expanded the ban, limiting exceptions for rape and incest to the first trimester only. In April 2023, the state also enacted a law making it illegal to assist a minor in obtaining abortion pills or to leave the state for an abortion without their parents’ consent.
What to Watch For
The Ninth Circuit Court of Appeals is set to hear oral arguments in the case on January 22, 2024. The case is expected to be heard “in full,” meaning the entire court will hear the case. Given the size of the Ninth Circuit, 11 out of 28 judges will be randomly selected to participate in the case, including 15 appointed by Democratic presidents and 13 appointed by Republicans.
Note
A similar lawsuit is underway in Texas, where the Fifth Circuit Court of Appeals is considering arguments presented by the Biden administration against their strict abortion ban, which prohibits abortion in all cases except to save the mother’s life. Similar to the law in Idaho, abortion in Texas is considered a second-degree felony, punishable by imprisonment for no less than two years and no more than 20 years. The law is facing a lawsuit brought by 20 Texas women and the Reproductive Rights Center, claiming that hospitals there have refused to provide care due to the “hostile environment surrounding abortion” that “has increased fear and confusion among pregnant women and doctors statewide.” The Texas Supreme Court is set to hear oral arguments in the case on Tuesday.
More
Information
Biden Administration Sues Idaho Over Abortion Ban
Idaho Abortion Ban Restricted In Court As Judge Sides With Biden Administration
Idaho Abortion Ban Partly On Hold Again As Full Appeals Court Weighs In On Biden’s Challenge
Leave a Reply