Federal appeals court temporarily limits Idaho’s near-total abortion ban due to ongoing legal proceedings

10/16/2023 / By Laura Harris

A federal appeals court has temporarily limited Idaho’s near-total abortion ban to weigh in on the ongoing legal proceedings of the Biden Administration.

In August 2022, the Biden administration sued Idaho for the conflict of its near-total abortion ban with the Emergency Medical Treatment and Labor Act (EMTALA), a federal law that mandates hospitals to “stabilize” patients with emergency medical conditions.

After a thorough review of the argument, U.S. District Judge James Wesley Hendrix issued an order in favor of the Biden administration. He ordered the prevention of the near-total abortion ban for cases necessary to prevent severe harm to the health or bodily functions of the patient.

But in September, a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals contended there was no inherent conflict between the near-total abortion ban of Idaho and the EMTALA.

The panel, who were all appointed by former President Donald Trump, argued that the EMTALA “does not set standards of care or specifically mandate that certain procedures, such as abortion, be offered.” They also mentioned that any potential issues had been resolved. However, a new panel of randomly selected 11 judges is set to en banc the case.

“Upon the vote of a majority of non-recused active judges, it is ordered that this matter be reheard en banc,” the order stated.

Idaho’s near-total abortion ban implementation is long overdue

The controversial 2020 abortion law, known as Idaho Code 18-622, should have been in effect 30 days after the Supreme Court overturned Roe v. Wade.

The legislation, co-sponsored by House Majority Caucus Chairperson Megan Blanksma, R-Hammett, and Sen. Todd Lakey, R-Nampa, is a law contingent on the Supreme Court ruling “that restores to the states their authority to prohibit abortions.” (Related: Idaho bans trafficking minors across state lines for abortion without parental consent.)

According to the law, any attempt to perform an abortion would be labeled as “criminal abortion,” punishable as a felony with a two to five-year prison sentence. Those involved in performing or assisting in abortions could have their professional licenses suspended for at least six months on a first offense and the possibility of permanent revocation on a second offense.

However, in cases when a pregnant woman’s life is at risk or in cases of reported rape and incest, the law provides “affirmative defense.” Additionally, the law states that women who get abortions themselves will not face criminal charges.

Earlier in 2022, Idaho also changed its fetal heartbeat abortion ban 2021 bill. They added new rules allowing the mother’s family to sue abortion providers. But the change is still on hold until the near-total abortion ban takes effect.

In other words, the implementation of the Idaho “trigger” law has been long overdue, but the Biden administration is trying to delay it.

Learn more about abortion post-Roe v. Wade in the U.S. at Abortion.news.

Watch this clip from “Judging Freedom” as Judge Andrew Napolitano discusses how legalizing abortion changed America.

This video is from the channel What Is Happening on Brighteon.com.