US Supreme Court Allows Idaho’s Near-Total Abortion Ban To Proceed Amid Ongoing Legal Battle
by Karen Faulkner, Worthy News Correspondent
(Worthy News) – The US Supreme Court on Friday ruled that Idaho can implement an abortion ban that could criminalize doctors who perform the procedure in emergency situations, even before a final ruling is given on whether the state’s legislation conflicts with federal law, the Christian Post reports.
Titled the Defense of Life Act, the Idaho law went into effect after the Supreme Court in 2022 revoked the federal right to abortion and returned the issue for individual states to decide.
The Idaho law bans abortion in all cases except where the life of the pregnant woman is at risk. Anyone who performs an abortion may face up to five years in prison. Health care professionals who violate the law may lose their professional licenses.
The case before the Supreme Court arose when the US Justice Department filed suit arguing that Idaho’s Defense of Life Act forces doctors to violate the Emergency Medical Treatment and Labor Act, a federal law which would allow for an abortion in emergency situations. Agreeing with the federal government, US District Court Judge Lynn Winmill said the Idaho law places doctors in a difficult position. “The doctor believes her EMTALA obligations require her to offer that abortion right now. But she also knows that all abortions are banned in Idaho. She thus finds herself on the horns of a dilemma. Which law should she violate?” he wrote.
However, the state appealed to the Supreme Court out of concern that the exception to its abortion ban may be abused. In a statement to the Christian Post, Brandi Swindell, founder and CEO of Stanton Healthcare, explained: “It is critical that Idaho’s emergency rooms are not turned into ‘abortion clinics.’”
The Supreme Court will hear arguments in April to make a final ruling on whether the Idaho law conflicts with federal law.
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