Idaho’s strict abortion ban faces scrutiny in federal appeals court hearing

Family Law

A federal appeals court scrutinized the impact of Idaho’s strict abortion ban on emergency medical care on Tuesday, weighing whether the ban criminalizing abortions should be enforceable in life- and health-threatening situations. John Bursch, an attorney with the Alliance Defending Freedom representing Idaho, asked the 9th U.S. Circuit Court of Appeals panel of 11 judges to urgently lift the injunction preventing the state from enforcing its abortion ban in emergency room settings, saying it “harms Idaho sovereignty, harms women, (and) harms unborn children.” “It’s here before you now, you should decide it,” he said. Idaho’s law makes it a felony to perform an abortion unless the procedure is necessary to prevent the death of the patient. President Joe Biden’s administration sued Idaho two years ago, contending the law violates a federal rule called the Emergency Medical Treatment and Labor Act, or EMTALA, because it prevents doctors from performing abortions that save their patients from serious infections, organ loss or other major medical issues. The U.S. Supreme Court heard the case earlier this year but bounced it back to the lower court on a procedural issue, leaving unanswered questions about the legality of the state abortion ban. That will be determined at a later date, but the 9th Circuit’s ruling could decide whether the law can be enforced while the lawsuit is still working its way through court. During Tuesday’s hearing, the judges raised a number of hypothetical situations as they tried to determine whether the ban can coexist with EMTALA.

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