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Supreme Court reinstates limits on Idaho abortion ban

by

Daily Caller News Foundation

The Supreme Court reinstated limits on Idaho’s near-total abortion ban on Thursday.

Idaho’s trigger law banning nearly all abortions went into effect after the Supreme Court overturned Roe v. Wade in June 2022, prompting the DOJ to file a lawsuit later that year. The DOJ argues that, in certain circumstances, Idaho’s ban conflicts with the Emergency Medical Treatment and Active Labor Act‘s (EMTALA) mandate for doctors to provide emergency “stabilizing care,” which they claim can include abortions.

“The writs of certiorari before judgment are dismissed as improvidently granted, and the stays entered by the Court on January 5, 2024, are vacated,” the order reads.

The ruling means an injunction on Idaho’s law put in place by a district court will remain in effect. The injunction prevents Idaho “from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman’s health,” Justice Elena Kagan wrote in a concurring opinion.

When the Supreme Court agreed to take the case in January, they paused the lower court’s injunction, allowing Idaho’s abortion ban to remain in effect until they issued their ruling.

Idaho’s law bans all abortions except for those deemed necessary to save the life of the mother and in the case of rape or incest. During oral arguments, Justices Samuel Alito and Neil Gorsuch questioned the DOJ about why EMTALA uses the phrase “unborn child” and asked how, in light of this, it would make sense to force doctors to perform an abortion.

This is a breaking news story and will be updated.

Featured Image Credit: Flickr/Supreme Court Following Facade Restoration

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Republished with permission from Daily Caller News Foundation

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