A federal appeals issued an order on September 28 lifting an injunction on part of Idaho’s law protecting preborn children from abortion. The injunction on the law had previously been placed by a lower court.
Last August, the Biden Administration’s Justice Department filed a lawsuit against the state with the claim that its law restricting abortion in almost all cases would discourage emergency room doctors from providing life-saving care to pregnant mothers.
Despite this claim, Idaho’s law does not prevent mothers from receiving life-saving treatment, even if that treatment results in the unintentional death of a preborn child. An induced abortion — in which a child is intentionally and directly killed — is not a solution to a medical emergency. Though an early delivery may result in the birth of a child too premature to survive, this is not considered an induced abortion. Treatment for ectopic pregnancy and miscarriage is also not considered induced abortions.
In May, as a result of the DOJ’s lawsuit, U.S. District Court Judge B. Lynn Winmill issued a preliminary injunction against that portion of the abortion law, barring it from applying to physicians and hospitals dealing with situations where the mother’s life is in danger.
In the late September ruling, the 9th Circuit Court of Appeals overturned Winmill’s injunction, noting that since the Idaho Supreme Court has clarified the state’s allowance for abortion in life-saving situations, the lawsuit’s argument is no longer valid.
“The Supreme Court of Idaho clarified that the text of the exception means what it says: If a doctor subjectively believes, in his or her good faith medical judgment, that an abortion is necessary to prevent the death of the pregnant woman, then the exception applies,” Judge Lawrence VanDyke wrote in his opinion, joined by Judges Bridget Bade and Kenneth Lee.
Idaho Attorney General Raúl Labrador praised the decision in a statement.
“Last year, the Supreme Court granted states the authority to establish their own abortion policies. In an effort to circumvent the Dobbs decision, (President Joe Biden’s) 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,” he said.
