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Supreme Court sends Idaho abortion case back to Circuit Court

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Supreme Court sends Idaho abortion case back to Circuit Court


WASHINGTON (BP) – In a 5-4 vote, the U.S. Supreme Court (SCOTUS) sent the case of Idaho and Moyle v. U.S. back to the Ninth Circuit Court in a ruling released, June 27. The case involves a conflict between state law and the Biden Administration’s use of the Emergency Medical Treatment and Labor Act (EMTALA).

“At the heart of the case is the wild assertion by the Biden Administration that abortion is healthcare. Instead of dismantling that argument and protecting lives, the Court punted,” said Brent Leatherwood, Ethics & Religious Liberty (ERLC) president.

“We agree with Justices Alito, Thomas and Gorsuch that any perceived conflict here is the result of the federal government’s novel approach to EMTALA. These justices would have moved forward with ruling on the merits of the case––and the Court should have done so,” he said.

The “unsigned order from the justices leaves in place an order by a federal judge in Idaho that temporarily blocks the state from enforcing its abortion ban, which carves out exceptions only to save the life of the mother and in cases of rape or incest, to the extent that it conflicts with a federal law, the Emergency Medical Treatment and Labor Act. That 1986 law requires emergency rooms in hospitals that receive Medicare to provide ‘necessary stabilizing treatment” to patients who arrive with an “emergency medical condition,’” according to Amy Howe at scotusblog.com.

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Leatherwood said the ERLC will continue to work to support the state law in the case.

According to the ERLC, “While Idaho’s law is allowed to remain in effect in the meantime, it is limited by a decision from the lower court permitting abortion when the health of the woman is deemed at serious risk, and continuing litigation will resolve a lack of clarity on what that terminology means.”

Leatherwood called the Biden Administration action a means to “radically reinterpret laws meant to save lives.”

Lawyers for the Biden Administration argued the law caused confusion between the state’s law prohibiting abortion and the federal regulation mandating physicians perform an abortion in a case when the mother’s health is deemed to be at emergency risk.

“I am disappointed that SCOTUS has not rejected the Biden administration’s blatant attempt to hijack a law that protects mothers and babies. Throughout my 30-year career, EMTALA has never confused me or my obstetric peers when providing emergency care, especially considering 90% of obstetricians do not perform elective abortions,” said Ingrid Skop, an OB-GYN who also serves as the vice president and director of medical affairs at the Charlotte Lozier Institute.

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Pro-life advocates believe some women are manipulating the federal policy to receive an abortion in Idaho despite the state law.

“I have always – before Dobbs, and since– been able and willing to intervene if a pregnancy complication threatened my patient’s life, and every state pro-life law allows us to act. Forcing doctors to end an unborn patient’s life by abortion in the absence of a threat to his mother’s life is coercive, needless and goes against our oath to do no harm,” she said.

According to the ERLC, “The case will return to the Ninth Circuit with the injunction from the lower court once more in effect, where the court will hear the case on the merits and proceed, essentially, as if the Supreme Court had never taken up the case. This case or other litigation raising these underlying questions will likely return to the Supreme Court in coming terms.”





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“Mamas know best”: Idaho Fish and Game Warns against interfering with spring baby animals – LocalNews8.com

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“Mamas know best”: Idaho Fish and Game Warns against interfering with spring baby animals – LocalNews8.com


POCATELLO, Idaho (KIFI) – Springtime in Eastern Idaho means warmer weather and recreational activities in nature for residents. It also means baby animals are out and about, sometimes with no mother in sight. Idaho Fish and Game (IDFG) wants to warn people against interfering with nature and the abilities of mother animals to care for their young, recalling an incident last year when a group of citizens dropped off a young fawn in a box at an Idaho Fish and Game (IDFG) office.

“The weather is wonderful, and of course we have the chance to see wildlife moms with their babies, which makes it extra fun,” said Jennifer Jackson, Regional Communications Manager for Idaho Fish and Game in Eastern Idaho. “But it’s also a time to be aware of protective mothers and give them space on the trails.”

“Trust that the mom’s going to come back”

While exploring nature areas or unmarked trails, people may encounter baby moose, fawns, goslings, ducklings and more. Residents may also find these species right in their own backyards.

“We’ve had situations where people see a little fawn curled up under a tree and think the mom’s not in the picture,” she said. “They think they need to pick up the animal and take it to Fish and Game. The reality is, much of the time a baby animal has been left where it’s at because the mom put it there.”

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Mother animals, particularly deer, may leave their children behind while they forage for food, drawing predators away from the babies. By stealing from nature and grabbing a baby animal, people are taking it away from it’s mother and putting it in more danger.

“If you encounter a situation where you’ve found a little baby, don’t assume it’s orphaned. Rather, keep your distance and trust that mom’s going to come back,” Jackson said.

When Fish & Game Steps In

In some cases, people may have real concerns about the condition of a young animal. For those situations, IDFG encourages you to call their local office so they can investigate the situation.

Jackson said that IDFG has stepped in on special occasions when conditions are met to help save young wildlife. A few years ago, two moose calves were orphaned when the mother moose was hit by a car in southeast Idaho. In collaboration with Zoo Idaho in Pocatello, IDFG was able to transport the calves and locate a facility with the capacity to permanently and properly care for them.

She also said to beware of hiking with your dog, as mother moose and bear can see the dogs as threats to their children and may try to engage or charge. In that situation, it’s best to back up and move away.

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“If you do have a concern about a situation you’re seeing, if you think it’s an orphaned animal, just give us a call,” Jackson said. “We deal with wildlife species here in the state of Idaho, and so it’s really under our purview to make those calls.”

She said most times, they’ll tell you to leave the animal where it is, and the mother will likely be back to take care of it, and is aware of its location. By putting it in a box and bringing it to Idaho Fish and Game, it removes the baby from its home and potentially from necessary parental care.

“They’re doing it because they love wildlife. They care about the animals, and they want what’s best for that animal,” Jackson said. “We like to tell them sometimes what’s best is leaving those animals right where they’re at.”

If you’re concerned about an animal situation, call the Southeast Idaho Regional Fish and Game office at 208-232-4703.

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Meet the candidates in Idaho’s biggest legislative primaries

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Meet the candidates in Idaho’s biggest legislative primaries


The May 19 primary election will have a big impact on Idaho’s Legislature, with moderate and hardline Republicans facing off across the state.

Over the past two months, Idaho EdNews profiled 14 of the most significant races for education policy. Here they are in one place.

Follow our coverage on election night, with real-time results and breaking news updates. Click here for information on how to vote and find your sample ballot.

North Idaho

  • Who is running: Three-term Sen. Jim Woodward, R-Sagle, faces a fourth primary election against Scott Herndon.
  • Why it matters: This matchup is one of the most expensive primaries this year. Woodward is a “middle of the road” Republican who sits on the Joint Finance-Appropriations Committee. Herndon is a more hardline Republican who wants to eliminate property taxes.
  • Who is running: Two-term Rep. Elaine Price, R-Coeur d’Alene, faces Christa Hazel for District 4 House Seat B.
  • Why it matters: This race is a proxy fight in the war between the hardline Kootenai County Republican Central Committee (Price) and the moderate North Idaho Republicans (Hazel).
  • Who is running: Three-term Sen. Dan Foreman, R-Moscow, faces Rep. Lori McCann, a Lewiston Republican who has left her seat in the House for a Senate run.
  • Why it matters: Foreman is a hardline Republican who faced criticism from the right this year for holding in committee a bill to rein in teachers’ unions. McCann said she’s challenging him over his refusal to collaborate and communicate.

West Idaho

  • Who is running: Four-term legislator Sen. Christy Zito faces a three-way primary with two former legislators in the district: former House Majority Leader Megan Blanksma and five-term Rep. Terry Gestrin.
  • Why it matters: Zito is a member of the hardline Gang of Eight and sits on the Senate Education committee. Republicans in the House ousted Blanksma from leadership in 2024. She says Zito isn’t representing her district. Gestrin said he wants to get back into the Statehouse to solve problems for folks in the large, rural district.
  • Who is running: First-term Sen. Camille Blaylock faces a rematch with retired Marine and former legislator Chris Trakel.
  • Why it matters: Blaylock sponsored a $5 million high-needs fund for special education this year. Trakel sued the Idaho Home Learning Academy in 2025, claiming the virtual school discriminated against his constitutional right to free exercise of religion. A judge dismissed the suit.
  • Who is running: Two young Democrats with backgrounds in education are running for the wide-open District 16 House Seat A. Megan Woller leads the Idaho Head Start Association and Jeffrey Watkins is a West Ada public school teacher and union rep.
  • Why it matters: Watkins and Woller are running to replace Rep. Soñia Galaviz, a public school teacher and House Education member, in the reliably blue district. Woller said she has the diplomacy and negotiation skills to be a legislator. Watkins said Democrats need to be “incredibly vocal” in opposition to bills that harm Idahoans.
  • Who is running: First-term legislator Rep. Chris Bruce, R-Kuna, faces a rematch with Melissa Durrant for District 23 House Seat A.
  • Why it matters: School choice groups like the American Federation for Children are focusing on this race, supporting Bruce and opposing Durrant. Bruce believes state funding should follow the child whether they attend public, private or home schools. Durrant opposed an early version of the Parental Choice Tax Credit because there was no priority for lower income families.

Magic Valley

  • Who is running: Two-term Sen. Glenneda Zuiderveld, R-Twin Falls, faces Twin Falls County Commissioner Brent Reinke.
  • Why it matters: Zuiderveld is a prominent member of the hardline Gang of Eight and routinely opposes budget enhancements, including additional funding for the College of Southern Idaho. Reinke has decades of experience as a public servant and says Zuiderveld isn’t representing the district.
  • Who is running: First-term Rep. Clint Hostetler, R-Twin Falls, faces attorney Alexandra Caval for District 24 House Seat A.
  • Why it matters: In his first week as a legislator, Hostetler in 2025 introduced a $250 million private school tax credit bill. Caval said she hopes the primary election will be a “course correction” for the Magic Valley after Hostetler won two years ago.

East Idaho

  • Who is running: Two-term Rep. Rick Cheatum faces a three-way rematch with day trader James Lamborn and Air Force veteran Mike Saville for District 28 House Seat A.
  • Why it matters: Cheatum last year voted against the $50 million Parental Choice Tax Credit. Lamborn, a strong school choice supporter, said District 28 deserves a conservative, constitutional, Christian Republican. Saville has run for office as a Democrat, an independent and a Republican. He said he supports the country first, not the party.
  • Who is running: First-term Rep. Ben Fuhriman faces a rematch with former legislator Julianne Young for District 30 House Seat B.
  • Why it matters: Fuhriman sponsored the $5 million high-needs special education fund bill this year and opposed a bill to rein in teachers’ unions. Young is a social conservative who has worked on culture war bills, such as defining genders and prohibiting public funds for gender transition procedures.
  • Who is running: Four-term Rep. Rod Furniss faces former legislator Karey Hanks for District 31 House Seat B.
  • Why it matters: Furniss has worked on legislation to make it easier for districts to pass bonds and find funding to build schools. Hanks, a school bus driver, wants to get back into the Statehouse to protect children from the “woke” agenda. The two share similar views on social issues and support the transgender bathroom bill.
  • Who is running: Four-term Rep. Barbara Ehardt faces a challenge from firefighter Connor Cook.
  • Why it matters: Ehardt is a staunch social conservative who said the transgender community started the culture war, not the Idaho Legislature. Cook, a union member, says Idaho has “gone rogue” and is using social issues as a distraction from the budget.
  • Who is running: First-term Rep. Mike Veile faces former legislator Chad Christensen in District 35 House Seat A.
  • Why it matters: Veile, a former Soda Springs trustee, sits on the House Education Committee. He opposes private school tax credits and said Idaho doesn’t have enough funding to support multiple education systems. Christensen supports school choice and would like to explore school district consolidation.



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Idaho Supreme Court says new law could delay adoption, parental termination cases

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Idaho Supreme Court says new law could delay adoption, parental termination cases


A recent Idaho law could slow the process for some child custody disputes and even adoption cases, the Idaho Supreme Court found in a ruling this week.

The law, created in 2025 through Senate Bill 1181, means some Idaho parents who can’t afford legal representation won’t have state-provided defense attorneys in cases that could risk them permanently losing their kids, the court found.

In the opinion, the court alluded to an essentially unenforceable right to public defense in some parental rights termination cases brought by private parties, rather than the state Department of Health and Welfare. That’s because courts can’t require the state’s public defenders to represent parents in those privately brought cases, the Idaho Supreme Court found.

“This gap created by Senate Bill 1181 is vitally important matter that needs to be addressed by the Idaho Legislature. If constitutionally required representation cannot be provided in private termination cases, it will likely result in serious delays or even dismissals of cases affecting Idaho’s children and parents,” Chief Justice G. Richard Bevan wrote in the opinion published Tuesday. “It may mean that children awaiting adoption cannot be adopted.”

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The decision comes more than a year after the Legislature passed the bill over the objections of child welfare attorneys, who warned about the bill’s impact on parents’ right to legal counsel. The bill was pitched as a way to control the workload of public defenders as the state overhauled its public defense system.

Attorney says this is the ‘conundrum’ she warned Idaho Legislature about

There are two ways parental rights termination cases can be brought: By the state — often initiated by a state Department of Health and Welfare, or by a private party, such as one parent wanting to end the rights of another parent.

For over 60 years, Idaho law gave parents deemed legally indigent — essentially those who can’t pay legal bills — and who were facing parental rights’ termination cases “with a categorical right to an attorney at public expense,” Bevan explained in the opinion.

But in 2025, he wrote all of that changed when the Legislature passed Senate Bill 1181.

The bill was meant to control the workloads of public defenders as the state consolidated public defense from counties into one statewide office. But at the time, two child welfare attorneys warned the law might inadvertently end the right to legal counsel in privately brought parental right termination cases, the Idaho Capital Sun reported.

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One of the attorneys who testified on the bill, Mary Shea from Pocatello, said in an interview that the court described “exactly the conundrum” that she was trying to warn the Legislature about.

“It’s an invitation to the Legislature to fix this, and to provide some kind of a funding mechanism so that those private terminations and adoptions can continue to proceed,” she said. “Because we do have a shortage of attorneys in this state. It is very difficult for us to provide the low-income and pro bono needs for the entire state.”

Sen. Todd Lakey, a Nampa Republican who was the bill’s original sponsor, said in an interview that the Legislature could take up clarifications next year.

“I personally am reluctant to have the taxpayers fund legal costs in a private party termination,” Lakey said on Wednesday. “That said, I recognize that there is a certain situation where it’s constitutionally required, and I want to make sure we’re limiting the burden on the taxpayers to only those situations, where it’s fundamentally required constitutionally. I think as the court noted, that’s kind of a case by case basis, depending on the circumstances.”

Rep. Dustin Manwaring, a Pocatello Republican who also cosponsored the bill, said in an interview that he already has ideas for legislation to address that issue flagged in the ruling.

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“When representation is appointed and is constitutionally required, then we need to clarify who’s picking up the tab for that. So, we will do that. And I will personally commit to taking that on and making sure we get that done,” he said.

How the Idaho Supreme Court ruled

The bill, Bevan wrote, requires the State Public Defender’s Office only to represent parents deemed legally indigent in parental rights’ termination cases brought by the state — not by private parties.

“That begs the question: if representation is constitutionally required in a private termination case, who would provide it?” Bevan asked.

Parents in private parental termination cases sometimes still have due process rights to public defense counsel, Bevan wrote, pointing to precedent in the U.S. Supreme Court. But since Idaho courts can no longer order the State Public Defender’s Office or counties to pay for that defense, he wrote that the courts effectively can’t appoint public legal representation in those cases.

“If neither the (State Public Defender’s Office) nor the counties can be required to provide representation, a private termination proceeding may fail to comply with the requirements of due process,” Bevan wrote. “The legislature has eliminated the options available to courts for appointment of counsel at public expense.”

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Some parents who are entitled to representation won’t get it, he wrote.

“We have little doubt that, so long as the representation gap created by Senate Bill 1181 exists, at least some indigent parents who constitutionally require representation will not get it,” Bevan wrote.

Idaho State Public Defender Office spokesperson Patrick Orr said in a statement that the agency hasn’t been assigned any private termination cases since the court took up the case in October.

“Our view is the same now as it was last year. Our office provides indigent defense representation – and representation for parents in Child Protective Act cases where the state seeks to interfere with a parent-child relationship,” he said. But, he added, “we can’t provide legal representation in a private termination case.”

Copyright 2026 KMVT. All rights reserved.

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