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Idaho Abortion ban heard in court

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Idaho Abortion ban heard in court


TWIN FALLS, Idaho (KMVT/KSVT) — The legal battle over Idaho’s Abortion Law continues to play out.

On Tuesday, in the case of USA v. State of Idaho, the Ninth Circuit Court of Appeals heard new arguments about the ban.

The Biden Administration sued Idaho two years ago. The suit contends the law violates the Federal Emergency Medical Treatment and Labor Act, or EMTALA, because it prevents doctors from performing abortions that save their patients from serious infections, organ loss or other major medical issues.

John Bursch, the Vice President of Appellate Advocacy with the Alliance Defending Freedom, is representing Idaho in Court. He said the law requires medical staff to save both the mother and the unborn child if they come into the hospital and are injured. However, an injunction added by the district court would allow doctors to perform abortions in the emergency room.

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“The Biden Administration turns that on its head and says, no, the EMTALA doesn’t treat the baby as a separate patient at all. The only one we’re concerned about is the mom and we can make this an abortion mandate in states like Idaho which have pro-life laws,” Bursch explained.

The Supreme Court heard the case in June but sent it back to the lower court on a procedural issue. But Bursch said the high court did issue a ruling that defined when abortions could be allowed even with Idaho’s restrictions.

“They said you could not perform abortions for a mental health reason, they said that if the baby had already reached viability, then it had to be delivered under EMTALA, it said the emergency had to be acute, like happening right now,” Bursch said.

The conflicts between whether Federal Law supersedes Idaho Law, or vice versa has led to confusion.

Mistie DelliCarpini-Tolman, the Idaho Director for Planned Parenthood Alliance Advocates said it’s also led to concern among Idahoans over how the law could impact them.

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“People have approached us, worried that if they leave the state to access legal care outside of the state, they could be arrested coming back, which is absolutely untrue,” DelliCarpini-Tolman said.

She adds the lack of clarity also makes it difficult for doctors. Under Idaho’s Law, those who perform abortions could face prison time and lose their license.

“We’ve heard heartbreaking stories of doctors who are standing in emergency rooms or in other emergency room situations trying to get people to act to help care for patients. And being unable, even to get folks around them even if they are willing to act because people are afraid,” DelliCarpini-Tolman said.

Bursch argues Idaho’s law does allow doctors to perform abortions to save a mother’s life. It’s up to the doctor’s good judgment to do that.

For now, both sides are waiting to hear the Ninth District Court’s Ruling, which may take weeks to months before it’s issued.

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“We won’t insure you”: Robie Creek homeowners struggle to get home insurance due to wildfire risks

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“We won’t insure you”: Robie Creek homeowners struggle to get home insurance due to wildfire risks


ROBIE CREEK, Idaho — The Claremont Fire has brought wildfire risks to top of mind for neighbors living in places like Robie Creek, where residents saw Level 3 evacuations this week.

Many Idaho homeowners in rural areas like Boise County say they are having their home insurance policies dropped because of wildfire risks, leaving many scrambling to find coverage or going with none at all.

“This one was good — we knew it was coming, the one that was the Valley Fire in 2024 came up behind the hill. It was closer than this one even,” said Christian Dahlstrom, who has lived in Rocky Canyon since 2008.

WATCH | Hear from Robie Creek homeowners about being dropped from coverage with no luck getting re-insured

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“We won’t insure you”: Robie Creek homeowners struggle to get home insurance due to wildfire risks

“I was insured since then until last year, so following the 2024 fire or fires, the insurance companies up here started reevaluating and they canceled a lot of folks and I was one of them,” Dahlstrom said.

He and many of his neighbors are now living without homeowners insurance because they can’t find a provider that will offer them full coverage.

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“I have contacted every insurance carrier in the phonebook,” Dahlstrom said.

He said his mortgage company eventually insured the home, but only for the value of the mortgage. He could still lose everything if the home were destroyed in a fire.

“One insurance company said yep they’ll insure me but I had to take every single tree off the property. Well, then why am I living in the forest?” Dahlstrom added.

Others in Robie Creek say they are facing similar problems.

“And it’s not even a, well now you have to pay twice as much. It’s a we won’t insure you,” said Oscar Williamson.

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Williamson recently bought a home in Robie Creek and said he needed insurance coverage to close on the property.

“We had gone through 40 different insurance companies to try to get it insured and nobody would ensure it they said it was in a high fire area,” Williamson said.

He nearly backed out of the purchase until his mortgage company offered limited coverage similar to Dahlstrom’s.

“You have no choice either run it without insurance or you don’t own the house,” Williamson said. “There should be an easier way of doing this.”

RELATED | “We’re all being canceled”: Idaho homeowners struggle to maintain home insurance amid wildfire risks

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This is an issue affecting homeowners across the Treasure Valley and Idaho — residents in Garden Valley and the Boise Foothills have also reported losing coverage because of wildfire risk concerns.

RELATED | Idaho homeowners face insurance cancellations and rate hikes over wildfire risk

Boise Fire Chief Aaron Hummel says they’re working with partners to help reduce risks for homeowners and improve insurability.

“We also we’re trying to do our part with the Western Fire Chief Association, insurance carriers to see what can we do to use some of the contemporary tools to help mitigate some of this challenge,” Hummel said.

They are hoping to use new technology and grant funding to better protect homes in the wildland-urban interface.

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“And essentially what we’re trying to do is leverage current AI technology and modeling tools to be very targeted in addressing areas that are vulnerable,” Hummel said.

You can find more information about Boise Fire’s goal to help reduce wildfire risks for homeowners here.





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Brush fire prompts GO NOW evacuations near Mesa in Adams County

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Brush fire prompts GO NOW evacuations near Mesa in Adams County


ADAMS COUNTY, Idaho — A brush fire burning near Old Highway 95 and Mesa prompted GO NOW evacuations, road closures and a power outage on Thursday in Adams County.

The Adams County Sheriff’s Office ordered people in the Mesa, Kilborn, Highland and Whitman areas to leave immediately.

Mesa Lane and Kilborn Lane have been closed, and officials are asking people to stay out of the area while firefighters work.

Idaho Power reported an outage between Mesa and Fruitvale Road and said crews are on scene.

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Officials said livestock threatened by the fire can be taken to the Adams County Fairgrounds.

The sheriff’s office said its business phone lines were temporarily unavailable, but 911 remained operational for emergencies. Officials later said the phone system was restored.





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Idaho Power crews respond to outage affecting 2,163 customers in Canyon County

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Idaho Power crews respond to outage affecting 2,163 customers in Canyon County


More than 2,000 Idaho Power customers in Canyon County are without electricity Wednesday evening as crews respond to an outage affecting Caldwell and Middleton.

Idaho Power reported the outage at 8 p.m. July 8, listing 2,163 customers impacted in the 83605, 83644 and 83687 ZIP codes.

The outage is expected to be resolved by 10 p.m. July 8; Idaho Power said a crew was dispatched and en route. The cause of the outage is not immediately known.



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