BOISE, Idaho — Idaho's attorney general filed an appeal to the United States Supreme Court Monday asking the court to get involved in the fight against the state's strict abortion ban.
Within the appeal Raul Labrador's office wants the US Supreme Court to allow the state to prosecute doctors who provide abortions for any reason other than to prevent the death of the mother. The law currently is not fully enforceable because, in October, the Ninth Circuit temporarily blocked the law from being enforced in emergency medical situations and granted an oral hearing.
The law has been paused and reinstated many times.
As KTVB Previously reported, 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, the Ninth Circuit temporarily stopped the law from being enforced in emergency medical situations. They also agreed to hold a rehearing with 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.
Labrador's office wants the law to take full effect until a ruling is made.
The full 117-page document is below:
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