A federal appeals court is set to hear arguments on Tuesday afternoon regarding whether Idaho should be barred from enforcing a stringent abortion ban during medical emergencies when the life or health of a pregnant patient is at stake.
Under the state law, performing an abortion is classified as a felony unless it is deemed necessary to prevent the patient’s death. The Biden administration filed a lawsuit against Idaho two years ago, claiming that the law infringes upon a federal statute known as the Emergency Medical Treatment and Labor Act (EMTALA), as it restricts doctors from conducting abortions that could protect their patients from severe infections, organ damage, or other significant health complications.
Earlier this year, the U.S. Supreme Court heard the case but remanded it to a lower court due to a procedural matter, leaving key questions regarding the legality of the state’s abortion ban unresolved.
Idaho officials have maintained in their court documents that the state’s abortion ban does not violate EMTALA. They assert that the fetus or embryo should also be regarded as a patient with protections under EMTALA. Additionally, they stated that the law provides sufficient discretion for doctors to make decisions based on their judgment when treating pregnant patients facing life-threatening medical situations.