Supreme Court allows Idaho to enforce its strict abortion ban, even in medical emergencies

By MARK SHERMAN
Associated Press

WASHINGTON (AP) — The Supreme Court on Friday allowed Idaho to enforce its strict abortion ban, even in medical emergencies, while a legal fight continues.

The justices said they would hear arguments in April and put on hold a lower court ruling that had blocked the Idaho law in hospital emergencies, based on a lawsuit filed by the Biden administration.

The Idaho case gives the court its second major abortion dispute since the justices in 2022 overturned Roe v. Wade and allowed states to severely restrict or ban abortion. The court also in the coming months is hearing a challenge to the Food and Drug Administration’s rules for obtaining mifepristone, one of two medications used in the most common method of abortion in the United States.

In the case over hospital emergencies, the Biden administration has argued that hospitals that receive Medicare funds are required by federal law to provide emergency care, potentially including abortion, no matter if there’s a state law banning abortion.

The administration issued guidance about the federal law, the Emergency Medical Treatment and Labor Act, or EMTALA, two weeks after the high court ruling in 2022. The Democratic administration sued Idaho a month later.

U.S. District Judge B. Lynn Winmill in Idaho agreed with the administration. But in a separate case in Texas, a judge sided with the state.

In a statement Friday night, President Joe Biden objected to the high court’s decision and said his administration “will continue to defend a woman’s ability to access emergency care under federal law.”

Idaho makes it a crime with a prison term of up to five years for anyone who performs or assists in an abortion.

The administration argues that EMTALA requires health care providers to perform abortions for emergency room patients when needed to treat an emergency medical condition, even if doing so might conflict with a state’s abortion restrictions.

Those conditions include severe bleeding, preeclampsia and certain pregnancy-related infections.

“For certain medical emergencies, abortion care is the necessary stabilizing treatment,” Solicitor General Elizabeth Prelogar wrote in an administration filing at the Supreme Court.

The state argued that the administration was misusing a law intended to prevent hospitals from dumping patients and imposing “a federal abortion mandate” on states. “EMTALA says nothing about abortion,” Idaho Attorney General Raul Labrador told the court in a brief.

Just Tuesday, the federal appeals court in New Orleans came to the same conclusion as Labrador. A three-judge panel ruled that the administration cannot use EMTALA to require hospitals in Texas to provide abortions for women whose lives are at risk due to pregnancy. Two of the three judges are appointees of President Donald Trump, and the other was appointed by another Republican president, George W. Bush.

The appeals court affirmed a ruling by U.S. District Judge James Wesley Hendrix, also a Trump appointee. Hendrix wrote that adopting the Biden administration’s view would force physicians to place the health of the pregnant person over that of the fetus or embryo even though EMTALA “is silent as to abortion.”

After Winmill, an appointee of Democratic President Bill Clinton, issued his ruling, Idaho lawmakers won an order allowing the law to be fully enforced from an all-Republican, Trump-appointed panel of the 9th U.S. Circuit Court of Appeals. But a larger contingent of 9th Circuit judges threw out the panel’s ruling and had set arguments in the case for late January.

The justices’ order Friday takes the case away from the appeals court. A decision is expected by early summer.

Friday’s development is just one of several legal battles currently making their way through the courts in Idaho.

Separately, four women and several physicians have filed a lawsuit asking an Idaho court to clarify the circumstances that qualify patients to legally receive an abortion. That lawsuit was recently granted the greenlight to move forward despite attempts by the Attorney General’s office to dismiss the case.

Meanwhile, a federal judge in November temporarily blocked Idaho’s “abortion trafficking” law from being enforced while a lawsuit challenging its constitutionality is underway. That law, which Idaho lawmakers passed last year, was designed to prevent minors from getting abortions in states where the procedure is legal if they don’t have their parents’ permission.

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Associated Press writer Kimberlee Kruesi contributed to this report from Nashville, Tennessee.