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 Lawmakers looking for change when it comes to suspicious death investigations
BOISE, Idaho — “If you are going to kill somebody, definitely do it in Idaho because you are very likely to get away with it here,” said Idaho House Minority Leader Ilana Rubel on the first day of the state legislative session. To be clear, Representative Rubel believes law enforcement does their best to protect Idahoans, and she does not truly encourage anyone to commit murder but that bold statement prompted Idaho News 6 to look into the stunning lack of standards Idaho has set for state Coroners.
“We have no standards whatsoever for when autopsies are to be conducted,” said Rep. Ilana Rubel. As a result, Idaho lawmakers are looking for a change when it comes to investigating suspicious deaths.
A state-wide, multi-year study by The Office of Performance Evaluations revealed Idaho lags behind other states, with autopsies performed in fewer than 4% of deaths between 2018 and 2022. Nationwide that number doubles to almost 8%.
“The overwhelming majority of child deaths are investigated in other states and not in Idaho,” said Rep. Rubel.
We spoke with Ada County Coroner Rich Riffle, who provides autopsy services for a majority of Idaho coroners.
“Out of county [coroners], they bring their autopsy cases here. It’s rare that we would go to them to help with an investigation [but] we will try dang hard. If they ask, we’re going,” said Coroner Riffle.
Coroner Riffle sees firsthand the difficulties small counties face regarding suspicious deaths.
“[In] the smaller counties, you have part-time people— you know farmers, plumbers, all these people working to put food on the table for their family… oh ‘yeah by the way could you go out and do this while you’re at it?’ So it’s like, death investigations: they care, but it’s not at their frontal lobes,” explained Coroner Riffle.
Rep. Rubel, points to the high-profile murder of Tammy Daybell in 2019, Who was quickly deemed a natural death and buried without an autopsy.
Her body had to be exhumed months later as part of an investigation that eventually led to a murder conviction for Chad Daybell.
“We would really like to see a system where we have a little bit more uniformity and access to resources where maybe the state provides some type of medical expertise,” said Rep. Rubel.
“State-wide standards I think would be a good thing, absolutely. The bottom line is still going to boil down to resources. We could have the best standards on the planet but if you don’t have the resources to do it…” nothing will happen explained Coroner Riffle.
Rep. Rubel says she and other lawmakers have started to draft legislation, and she hopes to see a bi-partisan effort to improve suspicious death investigations across the state. Coroner Riffle says he is interested in being a part of those conversations.
We’ll continue to follow this topic throughout the legislative session.
Idaho
This Idaho Theme Park Ranked as One of the Best in the U.S. — and It Has Wild West Vibes, an Earthquake-themed Coaster, and Free Water Park Admission
With its rugged Western landscapes, Idaho attracts visitors who want to immerse themselves in the peace, quiet, and charms of the great outdoors. But now there’s another great — and thrilling — reason to visit the Gem State.
A recent study conducted by casino sweepstakes comparison site Casinos Sweeps revealed the top 50 highest-rated theme parks in America. The site analyzed over 300 amusement parks across the country — including favorites like Dollywood, Silver Dollar City, and Disneyland — using Tripadvisor and Google reviews. And landing in the top 30, with a solid ratio of 70 percent five-star reviews, is Silverwood Theme Park in Athol, Idaho.
The Wild West-themed park, located less than 20 miles north of Coeur d’Alene, opened in 1988 and has transformed from a local amusement park to a regional destination. With over 70 rides and attractions, it’s the largest theme park in the northwest.
For thrill-seekers, Silverwood has an impressive array of seven rollercoasters. There’s Aftershock, an inverted, boomerang-style roller coaster as well as the Stunt Pilot, a unique, single-rail attraction, designed as a homage to the daily air shows that used to take place in the park. For those with little ones, there are also family-friendly rides, including the spinning Krazy Koaster, which runs on a figure-eight track. And don’t miss out on Tremors, an award-winning, earthquake-themed roller coaster that takes riders through four underground tunnels.
But for those interested in gentler excitement, Silverwood has several classic amusement park attractions, including a Ferris wheel, carousel, log flume, and drop tower. Be sure to make time to ride the Silverwood Central Railway, which takes riders on a scenic 30-minute ride around the park aboard a 1915 steam engine with views of northern Idaho.
Summertime temperatures in Athol can sometimes reach the high 80s, and a visit to Boulder Beach is an ideal way to cool off. Best of all, access to the water park is included with standard admission (prices start at $74 per person for a day pass). Guests can relax in one of two wave pools at Boulder Beach Bay or take on the 925-foot-long Eagle Hunt, the longest dueling water coaster in the country. The truly brave will want to conquer Velocity Peak, a high-speed water tower with three slides that can send riders careening off at 55 miles per hour.
Silverwood’s seasonal events are also a fan favorite, including the annual Halloween Scarywood Haunted Nights. The nighttime celebration embraces the spooky season with haunted scare zones and immersive mazes.
As for other highly rated theme parks across the West, properties such as Epic Discovery in Breckenridge, Colorado; Wildlife World Zoo, Aquarium & Safari Park in Maricopa County, Arizona; and Lagoon Amusement Park in Farmington, Utah also made Casinos Sweeps’ list.
Idaho
Legislative committee introduces bill to address DEI programs at colleges and universities in Idaho
BOISE, Idaho — An Idaho legislative committee is reviewing a draft bill titled the “Freedom of Inquiry in Higher Education,” presented by Republican Senator Ben Toews. The proposal aims to remove diversity, equity, and inclusion (DEI) offices from state-funded colleges and universities and redirect those resources to academic support programs for all students.
“My goal is to work together with our higher education partners to move us in the right direction of guaranteeing the freedom of speech and freedom of thought, which I actually believe we all desire to have on our college campuses,” Toews said.
The drafted bill would prohibit public universities from funding or supporting identity-based DEI offices, with the exception of tribal centers. It would also prevent schools from requiring students to take DEI courses unless they are part of a chosen academic program.
Toews said the bill is modeled after policies in other states.
“We’re looking for what’s worked in other places to attempt to make sure that our universities and higher education institutions have that freedom of thought that we want,” he said.
However, Senate Minority Leader Melissa Wintrow, a Democrat, criticized the proposal, saying the committee’s focus is misplaced.
“It doesn’t feel like a productive working group. And in fact, it’s really troubling that we’re spending this amount of time and resources on talking about something that the government really shouldn’t have a role in,” Wintrow said. “We should really be focusing on what’s important to students—and that’s affordability, making sure they can pay for school, get to school, find a place to live and study and thrive.”
Josh Whitworth, executive director of the Idaho State Board of Education, said it’s important to support all students without isolating specific identity groups.
“The question is, as an institution, we want to make sure that the services that they need are not focused down on their identity, but focused on what they need,” Whitworth said. “The idea is don’t just create little groups. How do you give the support of all students to engage together and really create that holistic environment?”
The committee will continue reviewing the draft bill in the coming weeks.
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