Judge blocks part of Idaho’s new abortion law in first post-Roe lawsuit by the Biden administration
NBCDec 20, 2022
The Facts
On Thurs., a US district judge temporarily barred the state of Idaho from enforcing an abortion ban in medical emergencies, citing its potential violation of the federal Emergency Medical Treatment and Active Labor ACT (EMTALA).
While the Idaho law includes exceptions for saving the mother's life, rape, and incest, it allowed for the prosecution of doctors when it was uncertain whether the mother would actually die.
The Spin
Right narrative
The ruling in Idaho is a poor interpretation of the Emergency Medical Treatment and Active Labor Act, which is why the courts should eventually side with the decision made in Texas. Idaho's law is in no way a violation of federal law.
Left narrative
Though the Biden admin.'s fight to protect abortion rights isn't over, the ruling in Idaho is a big win after a wave of states tried to strip women of their most basic reproductive rights. With the temporary injunction in place, the DOJ must now prepare to further defend EMTALA in any future litigation.
