The US Court of Appeals for the Ninth Circuit has issued an order granting a rehearing for the abortion case United States of America v. State of Idaho. This action, in effect, postpones the enforcement of Section 18-622 of Idaho law, which criminalizes those who perform or attempt to perform an abortion unless carrying the pregnancy to term is likely to result in the death of the mother. The case is now to be reassessed by a panel consisting of eleven judges.
Tuesday’s order throws out the court’s September order, which had permitted the law to come into effect. This action was the result of the Biden administration’s contention that the Idaho abortion law infringes on the federal Examination and Treatment for Emergency Medical Treatment and Labor Act (EMTALA). The court argued this federal law does not conflict with Idaho’s law because “Congress enacted EMTALA to respond to the specific problem of hospital emergency rooms refusing to attend to patients who were uninsured or unable to pay for treatment.” Given the EMTALA’s restricted purpose, the court reasoned it has no impact on Idaho’s law.
Last year, the US District Court for the District of Idaho halted the enforcement of Section 18-622, arguing that the law violates EMTALA.
It’s noteworthy that Idaho has recently found itself involved in various other abortion-related legal disputes. For instance, in August, a federal judge blocked Idaho’s prohibition of out-of-state abortion referrals, suggesting it infringes on doctors’ right to free speech. That same month, the Idaho Supreme Court upheld the state’s abortion ban as well as other affiliated laws, following a lawsuit brought by Planned Parenthood.
This development is another game-changer in the ongoing contentious legal battle over the rights to abortion in the United States, with ripple effects surely to be felt nationwide as rulings, like those in Idaho, set precedents for other states to follow. Disposable morality aside, the question now becomes not just about ideology, but also legality. And that is a trial every professional in this field should keep their eyes on.