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Biden administration’s strategy fails with court’s restoration of Idaho abortion ban

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Biden administration’s strategy fails with court’s restoration of Idaho abortion ban


Other than for the life of the mother, the Idaho law’s only exception is for an instance of rape or incest that has been reported to police, with the requirement that a copy of the report be provided to the physician. 

Idaho Attorney General Raúl Labrador praised the Circuit Court’s ruling in a Sept. 29 statement. 

“Last year, the Supreme Court granted states the authority to establish their own abortion policies. In an effort to circumvent the Dobbs decision, the Biden administration baselessly sued the State of Idaho,” Labrador said.  

“I’m proud of the work my team has done, including collaborating with the Legislature’s counsel, to ensure Idaho’s sensible law continues to save the lives of babies and provides medical professionals with the ability to exercise their judgment to assist women who need emergency care.”

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Strategy dead?

Katie Glenn Daniel, state policy director for the advocacy group SBA Pro-life America, told CNA that despite the DOJ attempting this strategy in several states, “trying to force exceptions into the law that is much broader than what the legislature passed and the governor signed,” courts have consistently ruled against them in light of the Dobbs decision. 

The Biden administration in 2022 made EMTALA a centerpiece of its response to pro-life state laws. In mid-2022, President Joe Biden issued an executive order in which he directed Secretary of Health and Human Services (HHS) Xavier Becerra to identify steps to ensure that patients, including “pregnant women and those experiencing pregnancy loss,” receive the “full protections for emergency medical care afforded under the law,” specifically mentioning EMTALA. 

In a July 11, 2022, letter to health care providers, Becerra instructed providers to perform abortions in emergencies — regardless of state law — under EMTALA. The Centers for Medicare and Medicaid Services (CMS), a division of the HHS, also issued a memorandum July 11, 2022, with the same instruction found in Becerra’s letter. 

However, U.S. courts have since ruled — correctly, Daniel asserted — that there is “no reason” EMTALA would supersede state law, and as a result “these agencies cannot rewrite their rules to be more pro-abortion than Congress intended.”

Indeed, the federal government is currently barred from enforcing its 2022 instructions due to a preliminary injunction amid a lawsuit against the instructions brought by Texas. 

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Daniel said this latest loss in court for the Biden administration related to the Idaho law may signal that the administration will “pivot in other directions” and not rely on this EMTALA strategy in the future when it comes to pushing its pro-abortion agenda. 

(Story continues below)

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Other pro-abortion entities, however, are still pushing this strategy, she said. Daniel noted that the pro-abortion Center for Reproductive Rights (CRR) filed a complaint with the Department of Health and Human Services in September alleging that a hospital in Oklahoma violated EMTALA by not treating a woman for a molar pregnancy. CRR admitted in its complaint, however, that Oklahoma law didn’t prevent a woman from getting treated for a molar pregnancy, but rather individual doctors at the hospital decided to deny the woman care. 





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Ada Riggs Park?: Ada County, Expo Idaho considering multiple names for new park

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Ada Riggs Park?: Ada County, Expo Idaho considering multiple names for new park


There is power in a name. The Ada County Commissioners and Expo Idaho are trying to find the right one for their newest park.

The Ada County Commissioners met with county staff, Expo Idaho Director Bob Batista, and CLM Marketing and Advertising Director Becki Woodbury on Wednesday to discuss potential new names for The Park at Expo Idaho.

The county has been working on the park for several years and plans to fund the majority of the park with American Rescue Plan Act money. As previously reported, concepts for the park include restoring natural ecosystems on the park grounds, having multiple raised levels, or “ridges” within the park, multi-use pathways, and playgrounds for children. In a press release Friday, the county announced construction on the park could begin as early as December.

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While it has been colloquially called The Park at Expo Idaho, an official name has yet to be set.

“There was a point where we had some discussion about the name of the park,” Batista said to the commissioners. “And I brought to you the fact that we have a marketing company that does this all the time in different forms and fashions and done a lot of work for us and I thought it was a good exercise to at least explore some other possibilities of a name”

Main contenders

A shortlist of eight potential park names was discussed in the meeting.

The Park at Expo Idaho was the first on the shortlist. This is what the park has been called for a while now. Woodbury described it as “straightforward” “functional” and “utilitarian.”

Explorer Park was the first alternative on the shortlist of names CLM and Expo Idaho explored. Woodbury said it captured the park’s purpose to foster “a spirit of adventure and discovery among visitors.” She and Batista said they also liked how “Explorer” feeds well into “Expo.”

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Blue Ribbon Park was next on the list. Woodbury said this name was chosen because it gives a good nod to the history of the park. The land where the park will stand was previously a horse racing venue, and each year competitors at the Western Idaho State Fair come to Expo Idaho in hopes of bringing home a blue ribbon for their fair entries.

Preservation Park was suggested as a name that reflects the ecological mission of the park in restoring once-lost ecosystems to the area.

In line with many major parks in the area that get their names from prominent women figures in the community, Ada Riggs Park was also suggested as a potential name for the park at Expo Idaho. Ada Riggs was the daughter of Idaho Territorial Legislator H.C. Riggs, who was one of the founders of Boise. She is the namesake of Ada County, the jurisdiction that will run this park.

Another family name was used in the idea for Kent Park. Expo Idaho sits on the former Kent Homestead. There is also a Kent Street named after the family nearby. Woodbury said this name would both be a nod to the geography and history of the area.

The name River Ridge Park was suggested as a way to describe the defining geographical features of the park

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And finally, the last name on the shortlist was Expo Outdoors, which CLM’s presentation materials said would allow for a “seamless” integration with the rest of the Expo Idaho campus, it would also tie into the Expo Idaho branding. 

“Those are just some of the names that came to the top,” Woodbury said. “We felt like we needed to have a really deep exploration of at least consideration before it gets finalized.”

Dozens of other names were considered for the park but did not make the shortlist, such as Les Bois Park. Woodbury and Batista said they considered it but believed the direct tie to the horse racing track could re-upset people who are sad the racing doesn’t exist anymore and the time of Les Bois had “run its course.”

When asked about a needed timeline for the park name, Ada County Senior Project Manager Josh Brown said the county is in the middle of preparing construction documents for the park. The documents have to be ready in the next two months. 

The commissioners did not discuss their thoughts on the names very much during the meeting and said they wanted to get the Western Idaho Fair Board’s input on the names before making a decision. Batista said he would put the discussion on the board’s June agenda.

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2024 primaries to watch: GOP challengers seek to unseat Idaho budget committee co-chair • Idaho Capital Sun

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2024 primaries to watch: GOP challengers seek to unseat Idaho budget committee co-chair • Idaho Capital Sun


Two well-known Republican challengers are hoping to unseat an experienced GOP legislator and state budget writer in Tuesday’s Republican primary election for Seat B in the Idaho House of Representatives.

The GOP primary features incumbent Ammon Mayor Sean Coletti, incumbent Rep. Wendy Horman, and Republican National Committee member Bryan Smith, all R-Idaho Falls. Because of the name recognition of each candidate and the fact that two Republicans are challenging an established Republican incumbent, this may prove to be one of Idaho’s 2024 primary elections to watch

Coletti is an attorney and veteran of the U.S. Army National Guard who has served as the mayor of Ammon since 2018. Coletti previously served on the Ammon City Council since 2010.

Horman is a small business owner who has served six terms in the Idaho Legislature and holds the position of co-chair of the Idaho Legislature’s Joint-Finance Appropriations Committee, or JFAC. JFAC is a powerful legislative committee that sets each element of the state budget. Before she was elected to the Idaho Legislature, Horman was a member of Bonneville Joint School District 93 school board. 

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Smith is an attorney from Idaho Falls who previously ran two unsuccessful campaigns for the U.S. Congress. Smith lost to incumbent U.S. Rep. Mike Simpson, R-Idaho, in 2014 and 2022. In August, Smith was appointed to represent Idaho on the Republican National Committee.

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Legislative District 32 is located entirely within Bonneville County in eastern Idaho. The district includes the cities of Ammon, Iona and a portion of the city of Idaho Falls, as well as portions of western Bonneville County. 

The winner of Tuesday’s Republican primary election will advance to the Nov. 5 general election to run against Democrat Patricia Dustin Stanger.

The Idaho Capital Sun sent the same four questions to each of the candidates in the race. Horman responded, Coletti said he did not have time to complete the questionnaire and Smith did not respond to multiple requests to complete the questionnaire. Continue reading to find Horman’s answers to the Sun’s questionnaire. 

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Idaho’s abortion law is one of the strictest in the nation, and many doctors and hospital administrators have said it has made recruitment and retention of OB-GYNs and maternal-fetal medicine specialists even more difficult, especially in rural areas. Do you support any legislation, such as health exceptions, that would amend or clarify Idaho’s abortion law?

Horman: “Idaho’s law is clear: abortion is illegal except in the case of rape, incest or if the life of a mother is in danger. A physician may use all tools necessary in ‘good faith medical judgment’  to save the life of a mother. IC 18-622(4) reads ‘Medical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.’ 

To my knowledge, no physician has been sued in Idaho for performing an abortion to save the life of a mother. Bonneville County voters are overwhelmingly pro-life and I will evaluate any future legislation defining life of the mother on their behalf. 

Idaho has been at or near the bottom of physicians per capita for many years, long before the Defense of Life Act became law. There are many nuances to the issue of physician recruitment, including for OB-GYNs. I personally am aware that some physicians want to move to Idaho to avoid performing abortions. Other issues impacting maternal care in Idaho include the high cost of malpractice insurance, the declining birthrate and low Medicaid reimbursement rates.”

The Idaho Legislature’s Joint Finance-Appropriations Committee co-chairwoman Rep. Wendy Horman, R-Idaho Falls, listens to proceedings at the Idaho State Capitol building on Jan. 11, 2023. (Otto Kitsinger for Idaho Capital Sun)

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Do you support public dollars being used for private education, including through tax credits or education savings accounts available to parents, or any other means? Why or why or not?

Horman: “Yes. Idaho already uses public dollars for private education, starting with the Launch program which can be used at public, private and religious institutions. The Advanced Opportunity program (which funds high school students seeking college credits and technical credentials), the Opportunity Scholarship (for college-bound students) and the Empowering Parents Microgrants (for K-12 students) all support students who attend public, private and religious schools. 

These existing programs are fully Constitutional in Idaho. Research is clear that increasing educational choice improves outcomes for all children, including those in public schools. Keeping in mind that NONE of the school choice bills I have sponsored with Sen. Den Hartog proposed taking money away from public schools, the 2024 BSU Public Policy Survey asked respondents this question: ‘Would you favor or oppose a plan to allow Idaho parents to take that $8,000 out of the public school system and use it to enroll their child in a private or religious school?’ 49% of survey respondents said they favor such a plan. 65% of Republicans, 46% of Independents and 35% of Democrats. School choice and parents’ rights to choose the best education option for their child regardless of their income and ZIP code is not a fringe issue. It is at the center of the electorate and crosses ideological lines.” 

Transgender people and LGBTQ+ advocates in Idaho have testified that policies, such as redefining sex and gender, criminalizing doctors for providing gender-affirming care to youth, among others, are harmful to the transgender community and undermine their existence. Do you agree? Why or why not?



Horman: “I voted to support H71 which protects children struggling with an identity crisis from making decisions that could permanently damage their body and soul. I do not believe it undermines these children’s existence; I believe it protects them. We don’t let children buy alcohol or vote or drive or even use a tanning bed until they are old enough to understand the potential consequences do so responsibly. The best way to protect youth in identity crisis is not to help them secretly hide their struggles from their parents or to surgically remove or add body parts. H71 was called The Vulnerable Child Protective Act for a reason. That’s exactly what it does: protect children from choices they don’t yet have the maturity to make for reasons that may very well be transitory, situational or influenced by social media.” 

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According to the 2024 Boise State University Idaho public policy survey, Idahoans continue to be concerned about a range of issues surrounding growth, housing and economic security. As a legislator, what specific steps would you take to address those concerns?



Horman: “Limiting the size of government by keeping taxes low and reining in government spending. I have supported $3.7 billion in tax cuts and rebates in the last four years. Gov. Little and the legislature have worked collaboratively to pay off debt, invest one-time funds in infrastructure such as roads, bridges, water projects and broadband. We have been recognized for our fiscal decisions with a AAA credit rating. 

Sen. Scott Grow and I led an effort during the 2024 legislative session for a more transparent and accountable budgeting process. For the first time ever, we separated base (fixed) spending from growth (new) spending. We have now put in place a building block that moves Idaho from basic compliance with budget laws toward accountability for efficient and effective use of taxpayer dollars, in the direction of performance-based budgeting. We will be connecting spending to the promised outcomes for the first time. This is great news for taxpayers, their pocketbooks and economic security.”



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Body of missing 80-year-old Utah woman found in Idaho, police say

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Body of missing 80-year-old Utah woman found in Idaho, police say


ONEIDA COUNTY, Idaho — Police discovered the body of a missing 80-year-old Utah woman Thursday.

According to the West Bountiful City Police Department, Kay Prince Vest had been missing from West Bountiful since April 8, 2024.

West Bountiful officers reportedly received information from the Oneida County Sheriff’s Office about a vehicle submerged in the Weston Reservoir in Oneida County. Officers removed the vehicle from the reservoir and found a body inside.

Upon investigation, the officers were able to determine the deceased as Prince Vest. 

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Police say, at this time, there are no “obvious” signs of foul play. The Western Bountiful City Police Department is working closely with the Oneida County Sheriff’s Office. The investigation is ongoing.

This story is developing and will be updated as further information is made available.

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