Justice Department Ends Efforts To Halt Idaho Emergency Abortion Ban
On March 4, the Trump administration announced it would drop a lawsuit against Idaho that challenged the state's abortion laws, allowing Idaho to enforce an abortion ban that has been in question since the overturning of Roe v. Wade.
Idaho has one of the most restrictive abortion laws in the country. Abortion is prohibited at all stages of pregnancy. It is allowed only if it is medically necessary to preserve the life of the mother and the doctor does everything possible to maintain the fetus’ survival. It is also allowed in cases of rape or incest, but only if the rape or incest was reported to law enforcement or child protective services.
Idaho's Defense of Life Act makes it a criminal offense for a medical professional to perform an abortion that doesn't fit the criteria. In response, some medical professionals have chosen to airlift some patients to other states for abortions.
Legal Challenges: Moyle v. United States
The Biden administration, acting on behalf of hospitals in Idaho, filed a lawsuit against Idaho claiming the near-total ban is a violation of federal law under the Emergency Medical Treatment and Labor Act (EMTALA).
EMTALA authorizes physicians to perform abortions in order to preserve both the life and the health of the woman. This includes if the woman is at risk of major medical issues as a result of the pregnancy.
A Quick Summary of Legal Proceedings
There has been a lot of back-and-forth maneuvering in federal court. Most importantly, the Ninth Circuit Court of Appeals issued an injunction in 2023 prohibiting Idaho from enforcing its law before the case was resolved. Idaho appealed this injunction to the Supreme Court. In 2024, SCOTUS took up the case and issued a stay of the injunction, allowing Idaho to resume its near-total abortion ban. SCOTUS then reconsidered. Prior to oral arguments, SCOTUS dismissed the case as "improvidently granted," which means the Supreme Court decided it wouldn't hear the case after all. It also lifted its own stay.
The bottom line is that SCOTUS let emergency abortions temporarily resume in Idaho without doctors fearing running afoul of state criminal law. However, SCOTUS did not issue a ruling on the merits of the case. The case remained in the Ninth Circuit Court of Appeals. The Ninth Circuit heard oral arguments in December of 2024. It has not yet issued a ruling on the merits.
Idaho Deputy Attorney General Brian Church has argued that the law does not violate EMTALA and accused the Biden administration of trying to "usurp" the Idaho Legislature's role in creating medical standards in the state. The Trump administration agrees and has effectively ended the lawsuit.
Hospitals Airlifting Patients at Risk
The back-and-forth on the law has led to confusion. In emergency situations, doctors have been uncertain as to when they are allowed to provide abortions. In some cases, they have airlifted pregnant women to another state in order to avoid criminal prosecution.
For example, in 2023, St. Luke's Health System, the biggest hospital in Idaho, sent one patient out of state for an emergency pregnancy termination. This occurred while the ban on emergency care was paused. The Supreme Court lifted the hold in January 2024, and St. Luke's said it had to airlift six patients to neighboring states for emergency pregnancy terminations in the following three months.
St. Luke's said it airlifted the pregnant women not because they were in immediate danger of death, but rather to prevent the loss or material degradation of organ function, so it wasn't clear if terminating the pregnancy in Idaho would be legal.
Federal Government Now Supports Idaho's Position
The Trump administration's decision to drop the lawsuit against Idaho means Idaho is poised to reapply the law. Hospitals will once again have to be careful about providing emergency care to pregnant women. They will likely begin (again) to airlift women to neighboring states to prevent infertility, organ loss, and other severe negative health impacts.
Related Resources
- SCOTUS Allows Idaho to Enforce Abortion Ban - For Now (FindLaw's Federal Courts)
- Why Was Roe v. Wade Overturned? (FindLaw's Supreme Court Insights)
- What Is a Doctor's Duty of Care? (FindLaw's Accident and Injuries Legal Guide)
