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Idaho attorney general projects optimism Supreme Court won’t overturn abortion law – Washington Examiner

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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.”

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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.

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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.

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“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.”

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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. 

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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.”

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

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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.



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Penny Lee Brown Obituary March 25, 2026 – Eckersell Funeral Home

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Penny Lee Brown Obituary March 25, 2026 – Eckersell Funeral Home


Penny Lee Brown, age 72, of Idaho Falls, formerly of Ririe, passed away Wednesday, March 25, 2026, at Eastern Idaho Regional Medical Center in Idaho Falls.

Penny was born October 18, 1953, in Fort St. John, British Columbia, Canada, a daughter to William and Luella Cooper Artemenko. She attended schools in Fort St. John, British Columbia, Canada. She earned her Certified Nursing Assistant Certificate from Eastern Idaho Technical College.

She married Donal A. Brown in Fort St. John, British Columbia. Their marriage was later solemnized in the Idaho Falls Temple. She was a member of The Church of Jesus Christ of Latter-day Saints.

She enjoyed attending her children’s sporting events, puzzles, collecting cat memorabilia, crafting, baking, and caring for others.

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She is survived by her husband Donal A. Brown, children: Jared Brown (Krystal) of Boise, Marcus Brown (Misty) of Weippe, Idaho, Scott Brown of Idaho Falls, Douglas Brown of Idaho Falls, Jamie Brown of Williston, North Dakota, Steven Brown (Claire) of Idaho Falls. A brother Kenneth Artemenko (Nancy) of White Horse, YK, four grandchildren and one great grandchild.

She was preceded in death by her Father William Artemenko and her mother Luela Cooper and a brother Levern Artemenko.

Funeral services will be held Monday March 30, 2026, at 11:00 a.m. at The Church of Jesus Christ of Latter-day Saints Perry Ward Chapel 285 2nd West, Ririe, Idaho. The family will visit with friends on Monday from 9:30 to 10:45 a.m. at the church. Interment will be in the Ririe-Shelton Cemetery.



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Idaho bill aims to criminalize transgender bathroom use in private businesses

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Idaho bill aims to criminalize transgender bathroom use in private businesses


BOISE, Idaho (AP) — Idaho lawmakers are considering a bill that would make it a crime for transgender people to use the bathroom that matches their gender identity — even inside privately owned businesses.

At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms that align with their gender in schools and, in some cases, other public places. The LGBTQ+ advocacy organization Movement Advancement Project’s tracking of the laws shows that three other states — Florida, Kansas and Utah — have made it a criminal offense in some circumstances to violate the bathroom laws.

READ MORE: Ohio Gov. DeWine signs bill restricting transgender students’ use of bathrooms

But none of the others apply as broadly to private businesses as the Idaho bill, which covers any “place of public accommodation,” meaning any business or facility that serves the public. The state’s Republican supermajority Senate is expected to vote on the bill this week, deciding whether to send it to Gov. Brad Little’s desk.

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Felony bathroom use?

If the law is passed, anyone who enters a public facility like a bathroom or locker room designated for the opposite sex could be sentenced to a year in jail for a misdemeanor first offense, or up to five years in prison for a felony second offense. That’s a longer sentence than Idaho imposes for a first drunken driving conviction or for displaying offensive sexual material in public.

Protecting those spaces is a “matter of safety” and “decency,” said Republican Sen. Ben Toews told a Senate committee last week.

“Private spaces such as restrooms, changing areas and showers are sex-separated for a reason,” Toews said. “Individuals in these vulnerable settings have a reasonable expectation of privacy and security.”

The bill does carve out several exceptions. Athletic coaches, people responding to emergencies, people supervising inmates, custodians, and people helping children who need bathroom assistance get a pass. So does someone who is “in dire need” of a bathroom, if the bathroom they use is the only one that is reasonably available at the time.

Law enforcement groups say it’s a bad bill

Law enforcement groups including the Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association oppose the bill, which they say would place officers in impossible positions, tasking them with visually determining someone’s biological sex or their level of “dire need.” The Idaho Sheriff’s Association asked lawmakers to require that people first ask any suspected violator to leave the bathroom before calling authorities, but lawmakers refused.

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Heron Greenesmith, deputy policy director at Transgender Law Center, said the “dire need” exception could be especially hard to assert — and that the idea that a person can use a public restroom only in an emergency is dehumanizing.

“How does one prove that one was going to poop on the floor?” they asked.

Opponents fear vigilantism

John Bueno, a transgender student at the University of Idaho and a member of the student group Queer Inclusion Society, said the school has lots of single-use restrooms, which helps mitigate the logistical impacts of the bill. But the legislation would likely lead to more unwanted “profiling” of people, whether they are transgender or not, she said.

“It’s this cultural attitude of getting other Americans to habitually be narcing on one other and doing this sort of ‘transvestigating’ — that is what these kinds of bills promote,” Bueno said.

It all comes down to an effort to disenfranchise transgender people, Bueno said.

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“This will increasingly deter queer individuals from Idaho universities and the state as a whole,” she said. “Which to be fair, is probably the primary purpose.”

Bill could impact employment opportunities

Nikson Matthews, a transgender man with a beard, told a panel of lawmakers last week that the bill would force him into the women’s restroom, where his masculine appearance puts him at risk of aggression from people who think he’s intruding.

“It creates a crime — but that is not based on conduct or harm,” Matthews said. “It is based on presence, and to justify that you have to accept that someone’s presence alone is traumatizing and harmful enough to criminalize.”

It could also make it difficult for transgender people to work, said Boise resident Laura Volgert.

“People might be able to hold it for an hour if they’re at a restaurant for lunch or at a grocery store,” she told lawmakers during a committee hearing. “They can’t be expected to hold it for a full eight-hour shift.”

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That’s the point of these types of laws, said Greenesmith, to “make it untenable to go to the movies, to go to the doctor, to go to the bank.”

Proponents say that isn’t the case.

Proponents say safety and privacy is key

Suzanne Tabert, a Sandpoint resident, said the bill is about “maintaining, clear, enforceable boundaries” so that women and children can feel safe.

“If we lose the ability to protect based on biological sex, we lose our most effective tool for preventing harassment, voyeurism and other sex crimes before they occur,” she said.

She later continued, “This legislation is not about how an individual identifies, nor does it seek to target or malign the transgender community. Rather it upholds a universal standard of privacy.”

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Bathrooms are not the only place where lawmakers have been placing restrictions on transgender people in the name of protecting women and girls. At least 25 states bar transgender women and girls from some women’s and girl’s sports competitions. And at least 27 states have laws restricting or banning gender-affirming care for minors.

Expanding all of these policies are priorities for President Donald Trump, too.

The only widely reported arrest of someone on charges of violating transgender bathroom restrictions was part of a protest in Florida last year.

Mulvihill reported from Haddonfield, New Jersey.

A free press is a cornerstone of a healthy democracy.

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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho

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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho


CANYON COUNTY, Idaho — Two new laws aimed at expanding protections for Idaho children were signed Wednesday morning at the Statehouse, a milestone for families who have turned heartbreak into advocacy.

Back in January, adoptive mother Monique Peyre came to Idaho News 6 heartbroken after a 12-day-old baby boy, Benji, died in Nampa. Peyre, who had previously adopted Benji’s siblings, became a driving force behind legislation designed to better protect vulnerable children across the state.

RELATED | ‘Please put eyes on this baby’: Adoptive and foster mothers’ warnings before Nampa baby’s death

On Wednesday, Governor Brad Little signed Isaiah’s Law and the Foster Child Safety Act into law. Peyre’s advocacy was central to both bills, which aim to strengthen child welfare protections and provide clearer guidance to courts and caseworkers.

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“It feels very, very surreal to get to this day just because I adopted them [Benji’s siblings] about a year ago, April 3rd, and I just never thought it would happen this quickly,” Peyre said.

Isaiah’s Law, or Senate Bill 1257, inspired by Peyre’s adopted son, Isaiah, strengthens protections for foster children during parental visitations.

“Today’s bills reflect a continued commitment to strengthening the system from multiple angles, protecting children and clearly defining their rights,” Governor Little said.

WATCH: Families come together for child protection law signings

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Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho

For Peyre, seeing the bill signed was a way to turn personal tragedy into hope for others.

“It makes their pain and what they went through and the hardship of all of it worth something,” she said. “It kind of brings closure to their story.”

For Isaiah, the day brought a sense of comfort and security. “I feel… comfortable and safe,” Isaiah said.

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Peyre also emphasized the importance of persistence in advocacy, encouraging others to take action.

RELATED | Nampa remembers Benji as legislation protecting vulnerable children advances

“I wanna say like the biggest thing was just to start emailing and reaching out to people, and you never know. It really does go a long way,” she said.

The Foster Child Safety Act also received the governor’s signature today. This bill updates Idaho’s child welfare policies, giving caseworkers and courts clearer guidance to keep children safe and ensure their well-being remains the top priority.

The last bill in Peyre’s legislative push, Benji’s Law (House Bill 776), is still awaiting a hearing in the Senate. The legislation aims to ensure quicker responses from authorities and remove judgment calls that could delay child safety interventions.

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“All we’re asking for is a quicker response and no judgment call—just look and see if those are the guidelines that this baby falls under and go check on that baby sooner rather than later,” Peyre said.

For Isaiah, the moment was an accomplishment, but he hopes for a day when he can meet his baby brother Benji in heaven.

“I really want to achieve… a day that I get to see… seeing my little, I mean my baby brother that is… is in heaven,” Isaiah said.

RELATED | Idaho lawmakers advance bill requiring faster checks on at-risk babies

Benji’s Law is still making its way through the Statehouse, but supporters are hopeful it will also be signed into law by the end of the session.

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This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

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