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Supreme Court to weigh scope of Idaho abortion ban in first post-Roe test

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Supreme Court to weigh scope of Idaho abortion ban in first post-Roe test


The U.S. Supreme Court on Wednesday, for the first time since overruling Roe v. Wade, will consider the scope of a state abortion ban and whether a federal law governing emergency care protects access to abortion at hospitals when a woman’s health is at risk.

Idaho’s Defense of Life Act, which took effect in August 2022, prohibits nearly all abortions, with exceptions for reported cases of rape or incest or when “necessary to prevent the death of the pregnant woman.”

The Biden administration sued the state, claiming its law conflicts with the Emergency Medical Treatment and Labor Act (EMTALA) of 1986, which requires emergency room physicians at hospitals that receive Medicare funds to offer “stabilizing treatment” to all patients whose health is in jeopardy.

The justices will decide whether EMTALA, which does not specifically address abortion, preempts Idaho’s abortion ban and similar measures in 20 other states, protecting a doctor’s ability to terminate a pregnancy in an emergency situation if care requires it.

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In this May 14, 2022, file photo, demonstrators attend an abortion rights rally outside the Idaho State Capitol, in Boise, Idaho.

Sarah A. Miller/Idaho Statesman via Tribune News Service via Getty Images, FILE

The administration argues the federal law explicitly makes clear that state laws are overridden to the extent they “directly conflict with a requirement” of EMTALA.

“EMTALA requires us as physicians to act in an emergency to preserve health – even the health of an organ system, like the reproductive system, as one example,” said Dr. Jim Souza, chief physician executive at Idaho’s St. Luke’s Health System. “Idaho’s law only allows action to save life, not preserve health.”

Idaho contends that Congress enacted EMTALA solely to prevent hospitals from turning away indigent patients or otherwise discriminating against patients on the basis of their condition or status.

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“EMTALA leaves the question of specific treatments for stabilizing care to state law,” Idaho told the Court in its brief. “Indeed, EMTALA treats medical emergencies faced by the unborn child of a pregnant woman no differently than emergencies faced by the mother herself.”

The state also argues that the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health – overturning constitutional protection for abortion – explicitly returned the issue to the states. It accuses the Administration of trying to “reimpose a federal abortion requirement.”

“The purpose of the law is to protect the life of mothers and their unborn children,” said Dr. Ingrid Skop, a Texas-based OBGYN and vice president of the Charlotte Lozier Institute, an anti-abortion group. “All states allow doctors to use reasonable and good faith judgment on when to intervene. Abortion is rare, if ever, necessary” in an emergency.

PHOTO: Idaho State Capitol building in Boise, Idaho.

Idaho State Capitol building in Boise, Idaho.

STOCK PHOTO/Getty Images

The stakes in the case are significant.

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“If the Court sides with Biden, it would be incredibly troubling and a sweeping precedent for them to set,” said Katie Daniel, state policy director for SBA Pro-Life America.

Major American medical organizations have warned that state abortion bans without exceptions for a pregnant woman’s health could lead some women to experience lasting harm.

“Before the law, we practiced medicine to preserve the mom’s health and future reproductive capability. Since then, there’s been a lot of second-guessing and hand wringing,” said Souza, “Is she sick enough? Is she bleeding enough? Is she septic enough for me to do an abortion and not go to jail or lose my license?”

Hospital groups have reported increased difficulty hiring OBGYNs and emergency room physicians in states like Idaho because of potential liability from strict abortion laws with few exceptions.

“This case could radically alter how emergency medicine is practiced in this country,” said Alexa Kolbi-Molinas, an ACLU attorney supportive of abortion rights.

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“For nearly 40 years, EMTALA has required every hospital with an emergency department that takes Medicaid funds to provide stabilizing treatment to any individual who needs it regardless of where they live,” she said. “No state law can force hospitals to provide a lesser standard of care. But now the court is deciding whether states can override that.”



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Idaho Lawmakers looking for change when it comes to suspicious death investigations

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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.

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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.

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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.

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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

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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.

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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.



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Legislative committee introduces bill to address DEI programs at colleges and universities in Idaho

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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.

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“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?”

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The committee will continue reviewing the draft bill in the coming weeks.





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