The United States Supreme Court ruled Friday that Idaho can enforce its strict abortion ban while a legal fight continues, according to the Associated Press. This includes cases of medical emergencies.
Idaho’s trigger law from 2020 went into effect on August 25, 2022 after Roe v. Wade was overturned. Anyone who performs or assists in an abortion can be charged and serve a prison term of up to five years.
NPR reports the order is the first time the Supreme Court has weighed in on a state’s criminal law banning abortion since overturning Roe.
According to the Associated Press, justices said they would hear arguments in April and put on hold a lower court ruling that blocked the Idaho law in “hospital emergencies.” This was based on a lawsuit filed by the Biden administration, which issued guidance after Roe was overturned, called the Emergency Medical Treatment and Labor Act.
Hospitals that receive Medicare funds are required by federal law to provide emergency care, potentially including abortion, even if a state law bans it, the Biden administration argued.
In August of last year, District Judge B. Lynn Winmill agreed with the Biden administration, saying the pause on enforcement will continue until a lawsuit challenging the ban is resolved.
A Department of Health & Human Services memo says EMTALA provides rights to any individual who comes to a hospital emergency department and requests examination or treatment.
“If an emergency medical condition is found to exist, the hospital must provide available stabilizing treatment or an appropriate transfer to another hospital that has the capabilities to provide stabilizing treatment,” the memo states. “The EMTALA statute requires that all patients receive an appropriate medical screening examination, stabilizing treatment, and transfer, if necessary, irrespective of any state laws or mandates that apply to specific procedure.”
Friday’s order would have widespread effects, according to NPR, empowering other states with less restrictive abortion bans to pass stricter laws.
