Idaho: Federal judge partially blocks state abortion ban

Thursday, August 25, 2022 | Tag Cloud Tags: , ,

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by Karen Faulkner, Correspondent

(Worthy News) – A federal judge in on Wednesday partially blocked the state’s “trigger” ban by ruling that abortions may be carried out in emergency medical situations, the Independent reports. Created to be “triggered” into effect should Roe v Wade be overturned, Idaho’s ban on abortion was due to take effect on August 25.

The case arose when the US Department of Justice filed suit, arguing that Idaho’s abortion prohibition violates a federal law that requires doctors to provide emergency medical treatment, including emergency abortions, the Independent said.

Granting a preliminary injunction, US District Court Judge B Lynn Winmill ruled that Idaho is prohibited from enforcing its abortion ban “to the extent that statute conflicts” with the Emergency Medical Treatment and Active Labor Act. “If the physician provides the abortion, she faces indictment, arrest, pretrial detention, loss of her medical license, a trial on felony charges, and at least two years in prison,” Judge Winmill wrote in her decision.

“Yet if the physician does not perform the abortion, the pregnant patient faces grave risks to her health — such as severe sepsis requiring limb amputation, uncontrollable uterine hemorrhage requiring hysterectomy, kidney failure requiring lifelong dialysis, hypoxic brain injury, or even death,” the judge wrote.

“And this woman, if she lives, potentially may have to live the remainder of her life with significant disabilities and chronic medical conditions as a result of her pregnancy complication. All because Idaho law prohibited the physician from performing the abortion.”

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