BOISE, Idaho — This week, a new court ruling on Idaho’s abortion ban from the Ninth Circuit Court. The entire law is not in question, but a specific section of the state's total abortion ban that concerns EMTALA – the Emergency Medical Treatment and Labor Act.
The Biden Administration was and is focused on the Idaho law. Back in August 2022, the U.S. Department of Justice sued Idaho in federal court, arguing the state's near-total abortion ban violates EMTALA.
That federal EMTALA provision requires hospitals to provide stabilizing treatment in emergency situations. The question at hand – does that include an abortion deemed necessary to prevent the death or serious impairment of the mother? Critics argue Idaho’s law isn’t clear on that.
An Idaho judge originally agreed with the Justice Department and blocked the abortion ban from being enforced in emergency medical situations.
However, a three-judge panel from the Ninth Circuit Court of Appeals overturned that decision on Sept. 29, allowing the abortion law to fully take effect.
In October, that changed again, as the Ninth Circuit temporarily blocked the law from being enforced in emergency medical situations and granted a request for a rehearing before a full judicial panel.
The Idaho Legislature issued a motion to stay, or stop, the injunction while the appeal process continues. The new ruling made this week denies the Idaho Legislature's request to restore the law, but there will soon be major movement on the case.
The court ruled they will continue to review the injunction and questions around EMTALA and Idaho law. Oral arguments are now set for the week of Jan. 22, in Pasadena, California.
The Ninth Circuit has elevated this case to being heard 'en banc,' meaning a panel of judges – not just one – are studying the case.
According to the Ninth Circuit, an en banc panel in their system consists of 11 randomly-selected judges. The chief judge of the circuit presides over the hearing itself.
The Ninth Circuit Court of Appeals operates somewhat differently than other circuits. Most circuits hold en banc hearings with all judges in the court of appeals. However, because of the large number of judges in the Ninth Circuit, en banc hearings are held with 11 judges.
Those 11 judges will be a mix of judges appointed by presidents Clinton, Bush, Obama, Trump and Biden. The group will decide the implications of Idaho law and EMTALA.
If it is appealed eventually, the next step would be the United States Supreme Court, as some believe this case will go the distance.
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