A federal judge suggested Monday that he was likely to side with the Biden Administration as it argued that Idaho's near-total abortion ban violates federal law, and will soon issue a ruling on whether to limit the law before it takes effect Thursday.
The news conference was held at the Department of Justice.
The judge heard arguments on whether to issue a preliminary injunction that would block Idaho's abortion ban from taking effect for abortions performed during medical emergencies.
Idaho's law only allows abortions when the life of the pregnant person is at risk, and abortion providers will face criminal prosecution unless they can prove it was medically necessary.
During the hearing, Winmill asked Idaho's attorney "how do we get around the fact that federal law requires abortions in the case of non-life-threatening emergencies" and raised a hypothetical scenario in which a doctor is considering.
An attorney for the state legislature argued that no prosecutors would be stupid enough to file a lawsuit against doctors who perform abortions in medical emergencies.
Winmill said he can't rule out the possibility that doctors will be punished for providing abortions in non-life threatening circumstances even if they don't.
Winmill will make a decision on whether to issue a preliminary injunction that blocks the Idaho law from taking effect. The judge said that a written order would be issued by Wednesday.
More lawsuits will be brought against states that want to ban abortion. The Idaho lawsuit is part of a broader legal strategy the White House is planning to use. The administration is considering taking legal action against states that ban abortion pills that have been approved by the FDA, according to a report.
Coalitions of leading medical groups and Democratic-led states have filed briefs urging the court to block the Idaho law and emphasize its potential for harm. The American College of Emergency Physicians, American College of Obstetricians and Gynecologists, and American Medical Association argued that the Idaho law would have devastating consequences for patients.
A number of abortion "trigger laws" have taken effect or were about to take effect in the weeks following the Supreme Court's decision to overturn Wade. Idaho already has a ban on abortions after six weeks of pregnancy except in cases of rape, incest and if there is a medical emergency. The White House issued guidance to healthcare facilities to perform abortions under EMTALA even if it conflicts with state abortion bans as the Supreme Court's decision has led to widespread reports of people being denied abortions and healthcare due to the threat of criminal prosecution. The Idaho lawsuit is the first legal action the White House has taken against a state's abortion ban, but a separate federal lawsuit is playing out in Texas, where the Biden Administration has been sued over its abortion guidance.
The Biden administration is fighting over the abortion ban.
HHS says hospitals need to offer abortions in emergencies in states where it is illegal.
The Biden administration is being sued by the state of Texas for requiring abortions during medical emergencies.
Here's where state lawsuits stand now, after Kentucky's abortion ban went back into effect.
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