Connect with us

Hi, what are you looking for?

World

Judge grants DOJ preliminary injunction over Idaho’s near-total abortion ban

A federal judge in Idaho blocked part of the state’s strict abortion ban on Wednesday.

Pro-abortion rights supporters cheer as voting results show Kansas has voted to maintain the statewide right to abortion, in Overland Park, Kansas
Pro-abortion rights supporters cheer as voting results show Kansas has voted to maintain the statewide right to abortion, in Overland Park, Kansas - Copyright Saudi Royal Palace/AFP/File Bandar AL-JALOUD
Pro-abortion rights supporters cheer as voting results show Kansas has voted to maintain the statewide right to abortion, in Overland Park, Kansas - Copyright Saudi Royal Palace/AFP/File Bandar AL-JALOUD

A federal judge in Idaho blocked part of the state’s strict abortion ban on Wednesday, delivering a limited but significant victory to the Biden administration.

The U.S. Department of Justice sued the state earlier this month over the ban, which was to go into effect on Thursday, arguing that it violates a federal law guaranteeing access to emergency medical care, reports ABC News.

Specifically, the DOJ is referring to the Emergency Medical Treatment and Labor Act, which bars states from imposing restrictions that would prevent emergency room doctors from treating those women.

According to the New York Times, Judge B. Lynn Winmill of the Federal District Court in Idaho wrote that doctors in the state could not be punished for acting to protect the health of endangered mothers, in a preliminary injunction issued a day before the ban was to be enacted.

“It’s not about the bygone constitutional right to an abortion,” he wrote. “The court is called upon to address a far more modest issue — whether Idaho’s criminal abortion statute conflicts with a small but important corner of federal legislation. It does.”

“In short, given the extraordinarily broad scope of Idaho Code § 18-622, neither the State nor the Legislature has convinced the Court that it is possible for healthcare workers to simultaneously comply with their obligations under EMTALA and Idaho statutory law,” the judge wrote. “The state law must therefore yield to federal law to the extent of that conflict.”

The order is a win for the Biden administration, as it has had few tools at its disposal to respond to the Supreme Court’s reversal in June of Roe v. Wade’s federal abortion rights protections.

“Today’s decision by the District Court for the District of Idaho ensures that women in the State of Idaho can obtain the emergency medical treatment to which they are entitled under federal law. This includes abortion when that is the necessary treatment,” Attorney General Merrick Garland said in a statement Wednesday, reports CNN News.

Avatar photo
Written By

We are deeply saddened to announce the passing of our dear friend Karen Graham, who served as Editor-at-Large at Digital Journal. She was 78 years old. Karen's view of what is happening in our world was colored by her love of history and how the past influences events taking place today. Her belief in humankind's part in the care of the planet and our environment has led her to focus on the need for action in dealing with climate change. It was said by Geoffrey C. Ward, "Journalism is merely history's first draft." Everyone who writes about what is happening today is indeed, writing a small part of our history.

You may also like:

World

Calling for urgent action is the international medical humanitarian organization Doctors Without Borders/Médecins Sans Frontières (MSF)

World

Immigration is a symptom of a much deeper worldwide problem.

Business

Saudi Aramco President & CEO Amin Nasser speaks during the CERAWeek oil summit in Houston, Texas - Copyright AFP Mark FelixPointing to the still...

Business

A recent article in the Wall Street Journal infers that some workers might be falling out of the job market altogether.