The Idaho Supreme Court said late Friday that the state’s strict antiabortion laws can take effect while it reviews legal challenges against the restrictions. The near-total ban on abortions is scheduled to kick in Aug. 25.
to block Idaho’s near-total abortion ban from taking effect on Aug. 25, saying it violates a federal requirement to provide medical care when a pregnant person’s health is at risk. That lawsuit is scheduled to be heard on Aug. 22. The U.S. Justice Department argues that the Idaho law conflicts with the Emergency Medical Treatment and Labor Act, a federal law that says patients seeking emergency medical care at a hospital accepting Medicare funds are entitled to any lifesaving treatment.
Many physicians have argued that the latest wave of antiabortion laws attempts to create a binary on what is a continuous spectrum of increasing risk. Pregnancy can be a huge stress on a patient’s body, potentially turning existing health problems into life-threatening ones. The suit was the first filed by the Biden administration against abortion restrictions nationwide afterwas overturned. U.S. Attorney General Merrick Garland argued that by banning abortions, even to women in medical emergencies, Idaho law violates federal law. Federal law prevails when it conflicts with state laws, the Constitution says.
Associate Attorney General Vanita Gupta, who heads the Department of Justice’s new reproductive rights task force, said the Idaho law unfairly puts the legal burden on medical professionals to prove they hadn’t violated it. “They must either withhold stabilizing treatment … or risk felony prosecution and license revocation,” Gupta said.
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