The Supreme Court has upheld Idaho’s right to enforce its abortion ban, blocking President Biden’s attempt to use the Emergency Medical Treatment and Active Labor Act (EMTALA) to mandate abortions in emergency rooms.
The EMTALA does not mention abortion but was intended to prevent emergency rooms from turning away poor or uninsured patients. The Biden administration Justice Department has attempted to twist this law to attack bans on abortion, stating that denying abortion is tantamount to denying healthcare treatment that is required by the federal law.
The ruling aligns with a similar decision last week allowing Texas’ pro-life laws to be enforced during the pending litigation.
The Justice Department’s lawsuit against Idaho, aiming to challenge its abortion restrictions by citing the EMTALA, has been countered by the state and by attorneys from pro-life non-profit law firm, Alliance Defending Freedom.
While the pro-abortion Biden administration and the media have portrayed the litigation as necessary to protect pregnant women’s lives, pro-life advocates stress that Idaho’s (as well as Texas’) pro-life laws do not prevent emergency medical treatment for pregnant women, even if the treatment results in indirectly killing the unborn child.
The following shall not be considered criminal abortions for purposes of subsection (1) of this section: (a) The abortion was performed or attempted by a physician as defined in this chapter and: (i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. Idaho Abortion Ban
Alliance Defending Freedom attorney Erin Hawley issued the following statement after the Supreme Court Ruling:
“The government has no business forcing doctors to harm their patients or violate their duty to provide life-saving care to all, including unborn children. We are proud to serve alongside the state of Idaho to ensure emergency room doctors can freely and safely serve women and their families.”Alliance Defending Freedom Senior Counsel Erin Hawley, vice president of ADF’s Center for Life and Regulatory Practice
While the pro-life community is committed to safeguarding both the mother and the unborn, the Idaho law denies the protection of the law to children conceived in rape, who are specifically permitted to be killed with impunity.
The Texas law on the other hand does protect the right to life of children conceived in rape or incest.
Immediately after the Supreme Court overturned the federal right to abortion created by Roe v. Wade, the Biden administration vowed to use every means at its disposal to promote abortion. This has included persecuting pro-life activists using the Department of Justice and FBI, as well as pursuing litigation using laws like the EMTALA