Idaho’s Abortion Ban Clears Hurdle in US Emergency Care Case

Sept. 29, 2023, 2:45 PM UTC

A federal law regulating hospitals’ emergency care doesn’t relate to abortion and can’t be used to thwart the will of Idahoans who have “elected to protect fetal life,” a federal appeals court said.

The US Court of Appeals for the Ninth Circuit’s Thursday ruling will allow Idaho to enforce its near-total abortion ban even though the threat of criminal prosecution and licensing sanctions allegedly might lead doctors to refuse to provide medically necessary emergency care.

The decision means the US can’t use the federal Emergency Medical Treatment and Active Labor Act to force states to allow abortions in emergency situations, ...

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