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Press Release: Ninth Circuit Sides with Idaho and Deals Blow to United States’ Abortion Lawsuit

By • September 29, 2023

The following press release was sent out by the Office of Attorney General Raúl Labrador. Press releases do not necessarily reflect the views and opinions of those at the Idaho Dispatch.

September 29, 2023 – Boise, ID – A federal appeals court has overturned a prior lower court decision that had blocked Idaho from enforcing Section 622, the state’s abortion law.

On Thursday, a three-judge panel of 9th Circuit Court of Appeals issued a unanimous order granting Idaho’s request to temporarily suspend the injunction while the State of Idaho pursues an appeal against the District Court’s ruling.

The federal government used the Emergency Medical Treatment and Labor Act of 1986 (EMTALA) to impede Idaho’s regulation of abortion. The panel made clear that EMTALA, enacted to ensure that the poor and uninsured receive medical care at hospitals receiving Medicare reimbursement, does not preempt nor conflict with Idaho law, which permits abortion when medically necessary.

Judge VanDyke’s ruling underscored that the US Supreme Court had returned the issue of abortion to the elected representatives of the people. Furthermore, the Court acknowledged that the federal government had initiated legal action against the state by employing an unrelated law to preempt the will of the people.

“Last year, the Supreme Court granted states the authority to establish their own abortion policies. In an effort to circumvent the Dobbs decision, the Biden administration baselessly sued the State of Idaho. I’m proud of the work my team has done, including collaborating with the legislature’s counsel, to ensure Idaho’s sensible law continues to save the lives of babies and provides medical professionals with the ability to exercise their judgment to assist women who need emergency care. We are encouraged by the Ninth Circuit panel’s decision. Our office acknowledges that this battle is not yet resolved, and we will persist in safeguarding Idaho’s sovereignty against federal overreach,” Attorney General Labrador said.

The ruling can be found here.

IdahovUSCA9ord092823 – DocumentCloud

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Tags: Abortion, Biden Administration, Dobbs Decision, Emergency Medical Treatment and Labor Act of 1986, EMTALA, Idaho, Judge VanDyke, Ninth Circuit Court of Appeals, SCOTUS, US Supreme Court

4 thoughts on “Press Release: Ninth Circuit Sides with Idaho and Deals Blow to United States’ Abortion Lawsuit

  1. I personally believe that life begins at conception, and also that God will punish those hands that shed innocent blood. Mr. Labrador, thank you for doing the right thing and taking a stand against the federal government’s attempt to continue the horrific sin of abortion wherever they may.

    And thank you as well for continuing the vigilance against tyranny from the current occupant of the Oval office. Until we get once again get a President, this must be the focus of all liberty and freedom-loving American patriots. Sad that this is the tragic current circumstance, but God is in control and is ever watchful.

    1. Agreed Habennaro.

      We stand strong to protect the innocent and go one step further to protect the innocent who cannot yet defend themselves.

    2. Attorney General Labrador, Governor Little and the Legislature are mistaken in allowing a Federal Court to rule on laws that constitutionally are state jurisdiction. This jurisdiction question has been violated for at least 60 years. In 1952 the Federal gov’t made gambling illegal in all states, a clear violation of states rights.
      All criminal law is the injurisdiction of states, never the Federal government. Abortion is murder. Idaho does not have to get permission of a Federal judge to stop murder.

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