Idaho
Idaho's strict abortion ban faces scrutiny in federal appeals court hearing
BOISE, Idaho (AP) — A federal appeals court is expected to hear arguments Tuesday afternoon over whether Idaho should be prohibited from enforcing a strict abortion ban during medical emergencies when a pregnant patient’s life or health is at risk.
The state law makes it a felony to perform an abortion unless the procedure is necessary to prevent the death of the patient. President Biden’s administration sued Idaho two years ago, contending the law violates a federal rule called the 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.
The U.S. Supreme Court heard the case earlier this year, but bounced it back to the lower court on a procedural issue, leaving unanswered questions about the legality of the state abortion ban.
Idaho officials have argued in court filings that the state abortion ban doesn’t violate EMTALA. Instead, they say the fetus or embryo should be considered a patient with protections under EMTALA as well. They also argue that doctors have enough wiggle room under the law to use their best judgment about when to treat pregnant people with life-threatening medical conditions.
“Taking EMTALA for what it actually says, there is no direct conflict with Idaho’s Defense of Life Act,” attorneys representing the Idaho Legislature wrote in court filings earlier this month. “Nothing in EMTALA requires physicians to violate state law. And nothing in Idaho law — whether in EMTALA-covered circumstances or beyond — denies medical care to pregnant women.”
About 50,000 people in the U.S. develop life-threatening complications during pregnancy each year. Those complications can include major blood loss, sepsis, or the loss of reproductive organs. In rare cases, doctors might need to terminate a pregnancy to protect the health of the pregnant person, especially in cases where there is no chance for a fetus to survive.
But some state abortion bans have made medical decisions that once seemed clear feel particularly fraught for emergency room physicians. Complaints that pregnant patients were turned away from U.S. emergency rooms spiked in 2022 after the U.S. Supreme Court overturned Roe v. Wade.
“These harms are not hypothetical,” Idaho’s largest hospital system, St. Luke’s Health System, wrote in a friend-of-the-court brief in October. “In all of 2023, before Idaho’s law went into effect, only one pregnant patient presenting to St. Luke’s with a medical emergency was airlifted out of state for care. Yet in the few months when Idaho’s new abortion law was in effect, six pregnant St. Luke’s patients with medical emergencies were transferred out of state for termination of their pregnancy.”
One of those patients had severe preeclampsia — a condition that causes dangerously high blood pressure that can be fatal if untreated — and the others had premature rupture of their membranes, putting them at risk of life-threatening infections, St. Luke’s said.
“The stakes could not be higher,” ACLU Reproductive Freedom Project Deputy Director Alexa Kolbi-Molinas said Monday. She noted recent news reports in Texas about women who died after being denied appropriate treatments for incomplete miscarriages. “The reality is, exceptions don’t work. They don’t actually protect the health and rights of pregnant people regardless of what is written on the page, and that is just the reality when you threaten physicians with criminal penalties.”
Idaho
“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
“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.
“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.
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
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.
“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.
Idaho
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.
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.
Idaho
Idaho Power crews respond to outage affecting 2,163 customers in Canyon County
CALDWELL, Idaho (CBS2) — 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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