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.Advertisement
The ruling can be found here.Advertisement
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