Idaho's abortion "trigger ban" will still allow physicians to provide abortions in response to all medical emergencies when it takes effect on Thursday, as a federal judge sided with the Biden Administration on Wednesday in its lawsuit against the policy.
There were pro- abortion rights protesters in Driggs.
Lynn Winmill issued a preliminary injunction that blocks Idaho's abortion law as the lawsuit progresses, but only as the ban applies to abortions performed during medical emergencies.
The Idaho law only allows abortions when the pregnant person's life is at risk, but EMTALA requires hospitals to provide medical care even when the pregnant person's life is at risk.
The case is not about the constitutional right to an abortion, but about the conflict between Idaho's abortion law and the federal EMTALA statute.
During a hearing on Monday, Winmill indicated he was likely to side with the Biden Administration and believed the state law was in conflict with EMTALA.
Idaho accused the Biden Administration of using its clout under the Medicare program to undermine the state's right to regulate abortion. Hospitals that participate in Medicare are included in the definition of a hospital. The state argued in a court filing that the administration should not wait for an actual conflict to occur.
There are more than a dozen laws that have taken effect or are about to take effect in the wake of the Supreme Court's decision. The impact of abortion bans on pregnant patients' health and medical care has been a major source of concern as the laws have taken effect. The White House has responded to the Supreme Court's ruling on abortion by issuing guidance to healthcare providers to perform abortions if they conflict with state abortion laws.
Hours after Winmill's ruling, a federal judge in Texas ruled against the Biden Administration, blocking its guidance directing healthcare providers to perform abortions when required under the law even if it conflicts with a state ban. It wouldn't affect Winmill's decision or block doctors in Idaho from complying with the federal guidelines because it only applies to Texas and physicians who belong to two anti- abortion medical groups.
The Idaho lawsuit was the first that the Biden Administration has brought against abortion laws. The administration is planning a legal strategy that involves litigation over alleged EMTALA violations, as well as possibly taking action against states that have banned medication abortion, arguing that conflicts with the FDA's approval of abortion pills.
The judge is likely to side with the Biden administration on the abortion ban.
The Biden administration is fighting over the abortion ban.
At least in Texas, the court blocks the Biden administration's guidance requiring abortions during medical emergencies.
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