BOISE, Idaho — This story originally appeared in the Idaho Press.
A federal appeals court ruled Thursday that Idaho’s abortion ban may go into full effect — overturning a narrow block on enforcement in emergency situations.
The Ninth Circuit Court of Appeals sided with the state and the state’s Legislature in lifting the partial injunction on the abortion ban amid a challenge by the U.S. Department of Justice, which is suing over the lack of exemption in the law to protect the health of the mother.
The abortion law includes exemptions, under certain circumstances, for rape and incest and to prevent the death of the mother. The justice department challenged this law arguing the law violates the Emergency Medical Treatment and Labor Act, or EMTALA, a federal law that requires medical providers at facilities that receive Medicare funds treat and stabilize anyone for an emergency, the Idaho Press reported.
U.S. District Court Judge Lynn Winmill granted a preliminary injunction in August of 2022, prohibiting prosecutions of abortions that were provided in emergency situations. Thursday’s court order overturned this injunction.
Judge Lawrence Vandyke wrote in the order that the Legislature made a strong case that the abortion ban doesn’t violate EMTALA. Circuit Judges Bridge Bade and Kenneth Lee joined VanDyke in the decision.
He cited an Idaho Supreme Court decision, issued after the district court ordered the injunction, that interpreted the law as "providing a broad, subjective standard requiring the doctor, in his or her good faith medical judgment, to believe it necessary to terminate the pregnancy."
This story will be updated
Watch more Local News:
See the latest news from around the Treasure Valley and the Gem State in our YouTube playlist:
HERE ARE MORE WAYS TO GET NEWS FROM KTVB:
Download the KTVB News Mobile App
Apple iOS: Click here to download
Google Play: Click here to download
Watch news reports for FREE on YouTube: KTVB YouTube channel
Stream Live for FREE on ROKU: Add the channel from the ROKU store or by searching 'KTVB'.
Stream Live for FREE on FIRE TV: Search ‘KTVB’ and click ‘Get’ to download.
