A federal judge on Wednesday blocked part of Idaho’s near-total abortion ban — siding with Biden administration in a key test case for what legal strategies might prevail in a post-Roe America.
A federal judge on Wednesday blocked part of Idaho’s near-total abortion ban — siding with Biden administration in a key test case for what legal strategies might prevail in a post-U.S. District Judge B.
This particular case — one of many playing out across the country — concerns whether states enacting near-total abortion bans are preempting the Emergency Medical Treatment and Labor Act, known as EMTALA.
By contrast, the Idaho decision also comes the day after a federal judge in Texas, appointed by former President Donald Trump,on abortion in medical emergencies within the state, siding with state officials who argued that it constituted an unlawful “abortion mandate” and didn’t give enough weight to the needs of “unborn children.”
“Some will plow ahead with sweeping abortion bans no matter what the court says and hope the Supreme Court ultimately supports them,” said Jeff Dubner, an attorney with the advocacy group Democracy Forward who is representing state and national medical groups in the case. “But if courts make clear that EMTALA is the law of the land and does preempt laws like this, states should respect that.
“We know that is more than just a hypothetical concern,” he said, pointing to the doctors’ written testimony.
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