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.

“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.

“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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