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IPFS News Link • Pro-life/Pro Choice

Supreme Court Allows Idaho To Enforce Strict Abortion Ban, Will Hear Case

• https://www.zerohedge.com, by Caden Pearson

Responding to emergency requests from Idaho state officials, the nation's highest court temporarily suspended a federal judge's ruling that found parts of the ban conflicted with the federal Emergency Medical Treatment and Labor Act (EMTALA) of 1986.

"The applications for stay ... are granted," the Supreme Court's decision on Friday stated. "The preliminary injunction issued on August 24, 2022, by the United States District Court for the District of Idaho ... is stayed."

The high court said it would hear oral arguments on the matter in April.

Idaho Attorney General Raul Labrador welcomed the decision, writing on X, formerly Twitter, "Idaho will continue to fight to protect life."

Federal Law Turns Hospitals 'Into Abortion Clinics'

EMTALA, the federal law at the center of the case, stipulates that emergency room care must be provided to anyone, irrespective of their ability to pay.

The Biden administration cited this law in a 2022 federal guidance for health care providers regarding abortion. The guidance told hospitals they were obligated to provide "stabilizing" care under EMTALA to patients experiencing an emergency condition, extending this to include abortion.

It applies to hospitals receiving federal funding through the Medicare program.

On Monday, lawyers from Alliance Defending Freedom (ADF), acting on behalf of the Idaho Attorney General's Office, filed an emergency application for a stay pending appeal with the Supreme Court. Their motion asked for an immediate injunction against the 9th Circuit's ruling, arguing that EMTALA preempts Idaho's abortion ban, the Defense of Life Act.


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