Idaho
Idaho attorney general projects optimism Supreme Court won’t overturn abortion law – Washington Examiner
Idaho Attorney General Raul Labrador told the Washington Examiner in an exclusive interview that he is optimistic in the weeks leading up to oral arguments in a critical Supreme Court case that could threaten the state’s near-total abortion ban and similar laws across the country.
The Biden administration has sued to halt Idaho’s abortion ban on the argument that it violates federal law requiring emergency room physicians to provide “necessary stabilizing treatment” to all patients under the Emergency Medical Treatment and Active Labor Act, or EMTALA, because the state law prohibits all abortions except for cases of rape and incest, even under potentially life-threatening circumstances.
If the Biden administration were successful in winning its case in the high court, it would undermine many of the abortion restrictions put in place by several states following the overturning of Roe v. Wade in June 2022, a decisive blow to anti-abortion advocates ahead of the 2024 election.
“The Supreme Court wants to have a say on this issue,” Labrador said. “We’re preparing our case and making sure that we can get the best defense possible.”
Path to the Supreme Court
Immediately following the overturning of Roe, Idaho’s ban on abortion took effect, prohibiting all abortions except for those performed in the first trimester in cases of rape or incest.
Soon after, the Biden administration successfully sued in federal district court, enjoining the anti-abortion law as a violation of EMTALA.
On appeal, a three-judge panel of 9th Circuit Court of Appeals initially reversed the decision of the district court, upholding the abortion ban as valid. An en banc panel of 11 judges, though, issued an injunction on the law, yet again blocking its implementation.
The conservative legal advocacy organization Alliance Defending Freedom called the en banc panel’s injunction “an unreasoned, one-sentence order.”
ADF and the law firm Cooper & Kirk were invited by Labrador to join the legal team on the case when the Supreme Court issued a stay on the 9th Circuit’s ruling in January, allowing Idaho’s abortion prohibition to take effect until the high court makes an official decision in the case.
Emergency medical treatment or prohibited abortion
EMTALA was passed by Congress in 1986 to ensure that emergency room physicians and staff provide care to all patients, regardless of ability to pay.
The text of EMTALA specifically references “the unborn child” four times as a patient also worthy of stabilization under emergency circumstances. It says that the health of the individual patient could refer to “the woman or her unborn child” in the context of a pregnant woman.
The Biden administration’s argument is that an abortion procedure can fit the statutory definition of a “necessary stabilizing treatment” within EMTALA in certain nonlethal conditions — such as infection, preeclampsia, or premature rupture of membranes.
“The Biden administration decided to be creative with a law that has never been interpreted this way,” Labrador said, “and eventually it’s going to harm women and children.”
The Biden administration contends that EMTALA requires hospitals to offer all possible treatment options to stop the emergency, including in some circumstances ending the life of the fetus in order to save the woman.
“Both Idaho law and EMTALA, their mission and their goal is to protect the lives of pregnant women and the lives of unborn children, and I believe that the Biden administration is completely misconstruing and misreading the statute,” Labrador said.
Labrador said that the abortion ban does not prevent physicians or other healthcare providers from treating pregnant women for life-threatening conditions, such as an ectopic pregnancy or a miscarriage. Rather, he said, the legal confusion over what to do in emergency circumstances is politically motivated by abortion-rights advocates.
“Instead of having their lawyers explain to doctors how clear our law is that yes, they can provide life-saving care in an emergency situation, they try to confuse the doctor so they feel like they’re somehow being targeted,” Labrador said.
Cautious optimism
Labrador said he is hopeful that the Supreme Court’s decision to take up the case is a signal that Idaho’s abortion law and its interpretation of EMTALA will stand.
“It’s hard to read the tea leaves with the Supreme Court,” Labrador said, adding that issuing a stay “usually means that there’s a majority of the Court that thinks there’s a likelihood of success on the merits. But you can’t ever take anything for granted.”
Labrador said that he believes the Biden administration chose to challenge the law in Idaho, rather than in any of the 14 other states that have prohibited abortion at all 40 weeks of pregnancy, because the federal district court in the state and the 9th Circuit are more friendly to abortion-rights arguments.
“I don’t think they were expecting to have somebody to vigorously defend the laws of the state of Idaho,” Labrador said.
Labrador has been attorney general since 2022. Before then, he served in the House of Representatives from 2011 to 2017 and as the chairman of the Idaho Republican Party from 2019 to 2020. He ran an unsuccessful campaign for governor in 2018.
Implications for OB-GYN care in Idaho
Abortion-rights advocates say that abortion restrictions have a negative effect on access to obstetrics and gynecology care, heightening existing shortages in rural communities across the country.
A report from the Idaho Coalition for Safe Healthcare and the Idaho Physician Well-Being Action Collaborative published in February found that the Gem State lost approximately 22% of its obstetricians following the institution of the abortion ban.
The findings indicate that the number of practicing OBs fell from 268 in August 2022 to 210 in November 2023, resulting in a ratio of slightly over two OBs per 10,000 women in the state.
Of those OBs still in practice, nearly 85% practice in the most populous counties in the state, with only half of all 44 counties in the state having at least one OB.
When asked about the fears of OB-GYNs leaving the state, Labrador discounted ICSH’s study, saying it was biased in favor of abortion-rights supporters.
Although the data from the study relies on public records to corroborate the number of OB-GYNs in the state, Labrador noted, the footnotes indicate that the data are also derived from what ICSH calls “local knowledge from members.”
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“Idaho has been one of the best places for doctors to practice medicine,” Labrador said. “It’s always been a pro-life state.”
Oral arguments before the Supreme Court are scheduled for April 23, with a final decision likely to be released in June.
Idaho
Idaho angler reels in record 43.25-inch lake trout at Payette Lake
MISSOULA, Mont. — An Idaho Falls angler is back in the Idaho record books after landing a record-setting lake trout at Payette Lake.
Idaho Fish and Game said Dylan Smith caught and released a 43.25-inch lake trout on May 2, setting a new state catch-and-release record for the species. The fish surpassed the previous record of 42 inches.
The catch marks Smith’s second appearance in Idaho’s record books. He previously held the state catch-and-release lake trout record after landing a trophy fish in 2018 before that mark was later broken.
According to Fish and Game, Payette Lake has become one of Idaho’s premier lake trout fisheries thanks to years of management efforts aimed at improving both lake trout and kokanee populations.
Idaho
Boise’s North End finds new way to mark Pride after Idaho law halts flag display
Pride Month looks different this June along Boise’s Harrison Boulevard, where a long-standing tradition of hanging Pride flags on lamp posts has been put on hold after a new state law restricted which flags can be flown on government property.
For several years, Pride flags lined lamp posts along Harrison Boulevard in Boise’s North End neighborhood. But Idaho House Bill 561, signed by Gov. Brad Little in March, restricts which flags can be flown on government property, including the City of Boise’s Harrison lamp posts.
In response, a group of neighbors formed Pride North End and launched a distribution effort to help residents show support from their own front yards. The group has been making Pride flags and yard signs available to people who want to display them at home.
“I thought that I would…be a personal example of ‘yes, this is what I do.’ This is what I believe in,” said Edna Schochat, a North End resident.
Pride North End has already distributed more than 900-yard signs and 250 flags. The group’s original donation goal was around $2,000 to order 100 flags and 200 yard signs, but it has exceeded that GoFundMe goal, reaching $10,000 worth of donations.
The group plans to continue holding public flag and sign distributions through the end of the month.
“We cannot just say something without doing something that proves that we mean what we say,” Schochat said.
Pride North End said any leftover funds after materials are distributed will go to local LGBTQ+ nonprofits. A link to the group’s GoFundMe can be found here.
Idaho
New Idaho education laws: What students, parents and educators should know
July 1 isn’t just the start of a new fiscal year for Idaho public schools. It’s also the effective date for many new education-related laws.
From mandatory moments of silence to restrictions on taxpayer funding for teachers’ unions, the Legislature enacted a slew of new policies affecting public schools during this year’s session.
Here’s what educators, parents and students should know:
School trustees, administrators and teachers
Here are the new laws that will affect school trustees, administrators and teachers:
Union activities. Public schools can no longer use taxpayer resources to accommodate teachers’ unions — including by giving teachers paid time off for union “activities” or by using payroll systems to deduct union dues.
The list of union “activities” in House Bill 516 is long. Among other things, it includes:
- Supporting or opposing candidates for office
- Influencing legislation
- Promoting union membership
- Participating in the “administration business or internal governance” of a teachers’ union
- Preparing, conducting or attending a union event
- Distributing union communications
- Speaking on the union’s behalf
- Engaging in union negotiations
- Filing a grievance on behalf of the union
A school district can’t give teachers paid time off to participate in these activities, unless the union reimburses the district.
HB 516 was based on a report from the Washington-based Freedom Foundation, an anti-union think tank, which alleged that public schools have spent more than $1 million subsidizing teachers’ unions.
The bill also prohibited districts from:
- Deducting union dues through payroll systems.
- Increasing teacher pay to cover union dues.
- Requiring that teachers meet with the union.
- Sharing employees’ contact information with the union.
- Communicating on the union’s behalf.
Civics instruction. Public schools must now ensure that their civics instruction aligns with a law aimed at cultivating the “virtue and knowledge necessary for self-government.”
Senate Bill 1336 codified nearly four pages of requirements for civics instruction. By the time public school students graduate, they must exemplify the virtues of “prudence, justice, fortitude, moderation and patriotism” while understanding the “fundamental principles of the nation’s republican form of government” along with the “history, meaning, significance, and effect of key historical documents.”
Click here to read the list of principles and texts that students must understand.
The bill also required that high school students complete two credits in American history and two credits in American government. These classes must include instruction on the American Revolution and founding along with instruction on the incompatibility of totalitarianism with the principles of American government.
The bill also “encouraged” public schools to display historical portraits of George Washington “in a conspicuous place” in each classroom where civics is taught.
Public charter schools can request an exemption from many of the new requirements. Traditional public schools cannot.
Lastly, the bill pushed back the implementation date for a new civics test that the Idaho Department of Education is writing. The new test will be required in 2027-28, rather than during the upcoming school year.
High-needs funding. Public schools are now eligible to receive up to $100,000 in state funding for “high-needs” special education students.
Senate Bill 1288 set aside $5 million for students who require full-time staff support or specialized equipment. Districts can apply for the state funds to cover students whose individual education program-related costs exceed $30,000 annually.
The state will fully reimburse costs between $30,000 and $80,000. Costs above $80,000 will be reimbursed at 80%, and reimbursement is capped at $100,000. Forty percent of the state funds are reserved for rural schools.
Sexual abuse reporting. School districts are no longer allowed to conduct an internal investigation of abuse in lieu of reporting an incident to law enforcement.
Sen. Tammy Nichols, R-Middleton, proposed the law in response to sexual abuse complaints against Gavin Snow, a former special education assistant in the Boise School District.
Senate Bill 1412, which passed with unanimous support, also requires that school districts ask job applicants for sworn statements disclosing pending or prior investigations, resignations during investigations or disciplinary action stemming from misconduct. An applicant who lies in the disclosure is no longer eligible for the job.
Funding flexibility. Public school districts and charter schools are now eligible for flexibility in how they spend state funds — if they meet performance benchmarks.
To qualify for the “earned autonomy,” districts would have to post high marks on test scores and graduation rates while charters would be graded on academics and financials.
House Bill 883’s sponsors estimated that about 10 districts and 15 charters would qualify.
Parents
Here are the new laws that parents should be aware of:
Social transition reporting. Parents will now have a right to be notified if their child identifies as a different gender at school. Schools could face a six-figure penalty for failing to comply.
House Bill 822 requires that public school officials notify parents within 72 hours if their child requests help with “social transitioning.” This includes when a student asks to go by a different pronoun or use a bathroom or participate on a sports team that doesn’t align with their birth sex.
Sponsored by Rep. Bruce Skaug, R-Nampa, the law gives parents the right to sue a school or healthcare provider for relief and monetary damages if they aren’t notified within the 72-hour window.
The attorney general can also seek a civil penalty up to $100,000.
Rep. Bruce Skaug, R-Nampa
Virtual school policy. Parents of virtual-school students will have new restrictions on money they receive to cover the costs of home learning.
After a state report last year found examples of taxpayer money being misused, lawmakers added limits on “supplemental learning funds.” According to House Bill 624, this money can only be spent on “eligible educational expenses, including:
- Computer hardware, internet access or other devices used to meet a student’s educational needs.
- Textbooks, curricula or other instructional materials, including educational software.
- Fees for standardized tests, advanced placement exams, certificate exams or college admissions exams.
- Therapies, including behavioral, physical, speech-language and audiology therapies, along with other State Board of Education-approved services.
In addition to the rules around supplemental learning funds, HB 624 added reporting requirements for private vendors that contract with virtual schools. Vendors must disclose the costs and services they provide while demonstrating a “clear relationship between the public funds received and the services provided.”
Military preference on charter waitlists. Active-duty military parents could be eligible for preference on charter school waitlists.
Lawmakers passed a bill that allows charter schools to place children from military families third among categories of students given preference on waitlists. It’s up to each charter school whether they implement the change.
Students
Here are the new laws that students should know about:
Moment of silence. Public school students will now have to start each school day with a moment of silence.
They can use the 60 seconds however they want — to reflect, meditate or pray — but they must be silent, and “no other activities shall take place,” according to House Bill 623.
Sponsored by Rep. Bruce Skaug, R-Nampa, the law requires that a moment of silence occur “at or near the beginning of each school day.” It prohibits teachers from instructing students on the “nature of any reflection” they might engage in.
School leaders also must notify parents about the moment of silence and “encourage” them to “provide guidance” to their children on how to use it, according to the law.
Idaho Launch cuts. Less state aid will be available for students going to college after they graduate in 2027.
For the current fiscal year and next fiscal year starting July 1, state lawmakers — with Gov. Brad Little’s approval — cut $10 million from Idaho Launch. The program offers high school graduates $8,000 to spend on an in-state higher education degree or workforce training certificate.
While the award amounts will remain the same, the state now has $65 million in scholarship money to dole out, compared to $75 million in previous years.
IDLA cuts. Fewer students are eligible to take discounted courses through the state’s online learning platform, the Idaho Digital Learning Alliance (IDLA).
House Bill 940 cut funding for IDLA’s elementary program, limiting the platform to students in grades 6-12. The bill also cut driver’s education, and eliminated state funding for students attending all-virtual schools and non-public schools — although private- and home-schoolers can pay IDLA’s full course fee and seek reimbursement through the Parental Choice Tax Credit.
HB 940 also set new fees for courses that are eligible for state funding. Courses that satisfy a graduation requirement are $40, while courses that don’t meet a graduation requirement are $100.
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