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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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Idaho

Suspect in a 20-year-old kidnapping and rape case arrested in Idaho – East Idaho News

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Suspect in a 20-year-old kidnapping and rape case arrested in Idaho – East Idaho News


The following is a news release from the Kootenai County Sheriff’s Office:

Kootenai County, Idaho – On May 16th, 2024 at approximately 4:50 PM, the Kootenai County Sheriff’s Office, the Coeur d’Alene Police Department and the U.S. Marshals Service (USMS) arrested Eric J. Ferguson, a 49-year-old male from Rathdrum, Idaho. Ferguson was wanted by the Oakley Police Department in Oakley, California on charges stemming from a 2002 kidnap and rape of a child under 18 years of age. Ferguson was 29-years-old at that time and allegedly used a dangerous or deadly weapon during the commission of the crimes.

On May 16, 2024, the Superior Court of California in the County of Contra Costa issued an arrest warrant for Ferguson, charging him with the following: Count 1 – Rape of an Incompetent Person; Count 2 – Forcible Oral Copulation; Count 3 – Kidnapping for Rape. The joint agency Kootenai County Sheriff’s Office/Coeur d’ Alene Police Department SWAT team assisted the U.S. Marshal’s Service in the arrest without any further incident. Ferguson is being held at the Kootenai County Jail awaiting extradition.

Sheriff Robert “Bob” Norris said, “Kootenai County is a safer place because Ferguson is now in jail. A firearm was used in this alleged violent sexual attack and the suspect needs to be held accountable for his actions.”

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United States Marshal for the District of Idaho, Brent Bunn, expressed his gratitude for the interstate collaboration of multiple law enforcement agencies in order to get one step closer to bringing justice to the victim in this case. U.S. Marshal Bunn noted, “The persistence of the Oakley Police Department detectives throughout this investigation was exceptional.” U.S. Marshal Bunn also commends the Kootenai County Sheriff’s Office, the Coeur d’Alene Police Department and the Idaho Department of Corrections for their partnership and strong commitment to increasing public safety in North Idaho.

The Kootenai County Sheriff’s Office would like to thank the USMS, Coeur d’ Alene Police Department and the Oakley Police Department for their assistance and collaboration in the investigation and apprehension of Ferguson.

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Idaho lagged behind neighboring states in teacher pay last year

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Idaho lagged behind neighboring states in teacher pay last year


BOISE – Idaho placed no higher than 36th nationally for three metrics gauging teacher and paraprofessional pay during the 2022-23 school year, according to recently released National Education Association rankings. 

The rankings are dated — and they don’t account for recent state investments in teacher pay. But they provide a retrospective snapshot that illustrates how Idaho stacked up against neighboring states as local schools have struggled to recruit and retain teachers. 

Last school year, Idaho ranked 36th nationally for starting teacher pay, a marked improvement from 48th place a decade ago. But it still lagged behind most neighboring states on benchmark salaries in addition to average teacher compensation and paraprofessional pay. 

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NEA, the national teachers’ union, annually compiles salary data for the prior school year. The group releases the data in the spring — when school districts are negotiating teacher contracts. 

Nationally, “modest gains” were made in teacher pay, the union said in a news release. The average salary across the U.S. last school year was $69,544, up 4.1% from 2021-22. NEA President Becky Pringle credited unions for demanding “more for their students, more professional respect and more pay.” 

On average, Idaho school districts paid teachers $56,365 last school year. That was a 4% increase from 2021-22, and it moved up the state two spots in the rankings. Idaho’s $41,179 baseline salary last school year also lagged behind the $44,530 national average.

The Idaho State Board of Education’s annual Educator Pipeline Report, last released in December, pointed to bordering states’ salaries as a possible factor hurting Idaho’s teacher retention. In Washington, for instance, teachers last year earned $20,439 more on average, according to the NEA rankings.

Washington, Oregon, Nevada, Utah and Wyoming all paid higher benchmark and average teacher salaries than Idaho last school year. Montana, which was last among those states in the other categories, outpaced Idaho on paraprofessional pay. 

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Here’s how Idaho stacked up against neighboring states during the 2022-23 school year, along with each state’s national ranking. The rankings included all 50 states plus Washington, D.C. 

Starting teacher pay: 

3. Washington $55,631

10. Utah $49,555

14. Wyoming $48,622

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22. Nevada $43,695

32. Oregon $42,050

36. Idaho $41,179

51. Montana $34,476

Average teacher pay:

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6. Washington $86,804

13. Oregon $72,476

23. Utah $63,481

26. Wyoming $61,797

27. Nevada $61,719

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40. Idaho $56,365

42. Montana $55,909

Paraprofessional pay:

11. Washington $37,334

12. Nevada $36,900

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16. Utah $34,893

21. Oregon $33,838

26. Wyoming $31,963

28. Montana $31,642

50. Idaho $26,628 

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Idaho school districts rely on state funding to pay teachers and staff, although the salaries are set locally.

Madison Hardy, Gov. Brad Little’s spokeswoman, said the NEA rankings are based on data collected before Little’s “Idaho First” plan increased state funding per teacher by $6,359 during the 2023 legislative session. The investment lifted Idaho’s average teacher pay 9.1% to $61,516 this school year. And the average starting teacher pay across all districts is now $45,680.

“Gov. Little is proud of the huge increases Idaho has championed for teacher take-home pay across the board, including starting teacher pay, and he will continue to push for investments in Idaho teachers to benefit students and families,” Hardy said by email.

Little has previously said the raises put the state in the top 10 nationally for starting teacher pay. Idaho Education News revealed why that claim was misleading, in part because it relied on even more outdated NEA rankings. Next year’s rankings will show how the state compares post-Idaho First salary hikes.

Meanwhile, the latest rankings represent an improvement over Idaho’s “rock-bottom” place in the recent past, said Idaho Education Association President Layne McInelly. The teachers’ union leader lauded the governor and Legislature’s effort to increase teacher pay, but said Idaho still ranks “far lower than IEA members and other Idaho educators deserve.”

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“All educators deserve pay, benefits and a work environment reflecting the importance of their work on behalf of Idaho students and families, their personal investment in their discipline and their professional expertise — just as we would expect any professional to be paid their worth,” McInelly said by email.



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Severe winds cancel Idaho Falls circus – Local News 8

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Severe winds cancel Idaho Falls circus – Local News 8


IDAHO FALLS (KIFI) – Wind gusts of 60 miles per hour forced the Cirque Ma’Ceo equestrian circus to cancel Friday’s Idaho Falls performance.

Inside the big top, strong gusts created a low rumbling noise. Rattling metal filled the treble range.

“It’s pretty scary to be in here,” owner Olissio Zoppe admitted.

“I’m being extremely calm right now, but my heart is right here listening to that wind,” he added.

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Local News 8 interviewed Zoppe inside his RV. The winds rocked it back and forth.

“Outside, it’s like a small train going by,” he said.

Cirque Ma’Ceo has toured in its current configuration since 2012. This is the first time it’s ever cancelled a show due to wind. Then again, it’s also its first time in Idaho Falls.

“The only time I’ve ever experienced wind like this is when this tent had gone through a hurricane,” Zoppe said. “Wind is the worst type of weather a big top can endure.”

The winds were also strong enough to tip over porta-potties, so the circus battened down the hatches.

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“We put some extra stakes here,” Zoppe said, gesturing to the ground outside the big top, “as well as some extra straps, just to really brace the main mast.”

“Look at the amount of dirt that’s been blown,” he continued. “It’s covered up the T-plate almost completely. It’s like a desert storm!”

And don’t forget – this is an equestrian circus.

“Our first priority is the safety of our horses,” Zoppe said. “And they react to wind.”

Circus staff had to move the horses from an outdoor tent to a barn.

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“Walking them from the horse tent to here was pretty chaotic,” Zoppe admitted. “But they did well.”

“Today was probably our biggest day,” he continued. “We were almost completely sold out.”

Those tickets are being honored at the weekend’s other shows. It’s not the sort of thing Zoppe planned for when booking this tour in December.

“We might’ve missed a couple details, like the main one being how powerful the wind can be out here,” he said.

But that, as they say, is show business.

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The Cirque Ma’Ceo will perform Saturday at 4 p.m. and 7 p.m., as well as Sunday at 1 p.m. and 4 p.m., at the Bonneville County Fairgrounds.



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