By Ruth Brown, Idaho Reports
The Supreme Court of the United States agreed Friday to hear arguments from the Idaho Attorney General’s Office regarding an abortion case brought by the U.S. Department of Justice, allowing the state to enforce its law in the meantime.
In August 2022, the Department of Justice sued the state over its near-total abortion ban, claiming it violates the Emergency Medical Treatment and Labor Act, or EMTALA. That law mandates all hospitals that receive Medicare funds must provide necessary stabilizing treatment to a patient who arrives in an emergency room.
Idaho law bans nearly all abortions, with narrow exceptions for reported rape or incest or the life of the mother. The law does not include an exemption for the mother’s health.
Idaho U.S. District Judge B. Lynn Wimill ruled that medical professionals working in emergency rooms and labor departments cannot face prosecution if emergency medical care includes abortions for pregnant patients.
The Legislature successfully appealed Winmill’s decision to the Ninth Circuit Court of Appeals. In the order, written by Judge Lawrence VanDyke, the court agreed that EMTALA does not conflict with Idaho abortion law.
The higher court’s decision means Winmill’s ruling is stayed, or temporarily canceled. Friday’s order states the Supreme Court is scheduled to hear arguments in April.
On Wednesday, Attorney General Raúl Labrador’s office requested the Supreme Court hear arguments in the case. Labrador’s request came a day after the Fifth Circuit Court of Appeals ruled in a similar case out of Texas. That panel said EMTALA does not cover abortion.
Idaho Democratic Party Chair Lauren Necochea issued the statement Friday after the SCOTUS decision.
“Idaho’s abortion ban, passed by the Republican-controlled legislature and signed by Governor Brad Little, endangers the lives of pregnant Idahoans and undermines the duty hospitals have to treat and stabilize sick patients. Simply preserving the patient’s health is considered a criminal act,” wrote Necochea. “It is unconscionable that the U.S. Supreme Court is now allowing Idaho to block abortion care even in medical emergencies.
“Idaho Democrats will continue to fight for the reproductive rights and freedoms of all Idahoans for as long as it takes. We stand with the majority of Idahoans who believe people should have access to all of the reproductive health care options available, including abortion,” wrote Necochea.
Planned Parenthood Great Northwest Hawai‘i, Alaska, Indiana, Kentucky CEO Rebecca Gibron also issued a statement Friday.
“The fact of the matter is that either lawmakers are unaware of the impact the abortion ban in Idaho is having or they are willfully ignoring it – neither of those options are acceptable,” Gibron wrote. “I’ve said it before, and I’ll say it again: Idahoans deserve better care than this. For the health and livelihood of our patients, we will not sit and watch while people are continually put in grave danger during their pregnancy.”
Idaho Attorney General Raúl Labrador issued a statement Friday evening.
“We are very pleased and encouraged by the Supreme Court’s decision today,” Labrador wrote. “The federal government has been wrong from day one. Federal law does not preempt Idaho’s Defense of Life Act. In fact, EMTALA and Idaho’s law share the same goal: to save the lives of all women and their unborn children. Today, the Supreme Court’s decision is a big step in stopping the administration’s lawless overreach. The people of Idaho have spoken with clarity on the issue of life.”
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.