The U.S. Supreme Court is allowing Idaho to uphold its near-total abortion ban, while also agreeing to hear a lawsuit by the Biden administration challenging the state’s law.
The high court granted a request by Idaho officials last Friday to temporarily lift a federal judge’s ruling that blocked the state’s pro-life measure.Â
Idaho’s Defense of Life Act imposes penalties on physicians who perform prohibited abortions unless doing so is necessary to save the life of a pregnant woman and includes other exceptions.Â
The pro-life law was enacted in 2020 and took effect when the Supreme Court overturned Roe v. Wade in June 2022. The law includes provisions that make it a felony for anyone who performs or assists in an abortion, with penalties of imprisonment for a minimum of two years and a maximum of five years. Those violating the law could be fined up to $20,000.Â
However, the U.S. Department of Justice claimed the state’s abortion ban is preempted by the 1986 Emergency Medical Treatment and Labor Act (EMTALA), a federal law that requires hospitals that receive Medicare funds to provide emergency medical care.Â
The DOJ argued that EMTALA requires health care providers perform abortions because it contends they can
The remainder of this article is available in its entirety at CBN
