Idaho asks judge to rethink temporary block on abortion ban
Legal Business - POSTED: 2022/09/23 16:28
Legal Business - POSTED: 2022/09/23 16:28
Attorneys for the state of Idaho say a federal judge misinterpreted the law when he blocked part of a strict new abortion ban, and they say another law blocking all abortions after about six weeks’ gestation should also remain in effect.
In court documents filed Wednesday, Deputy Attorney General Brian Church asked U.S. District Judge B. Lynn Winmill to reconsider his decision blocking the state from enforcing a strict abortion ban in medical emergencies, saying the judge misinterpreted both state and federal law and then issued an overly broad ruling.
“This case is not about denying necessary medical care to save the lives of women,” Church wrote in his motion. “This case is about preserving for the State its sovereign power to regulate abortions within its boundaries.”
Idaho’s strict abortion ban makes performing an abortion in any “clinically diagnosable pregnancy” a felony punishable by up to five years in prison, but says that physicians can defend themselves in court by showing that the procedure was necessary to avert the pregnant person’s death.
The law prompted the U.S. Department of Justice to sue Idaho last month, contending that the ban violates the Emergency Medical Treatment and Labor Act (EMTALA). The law requires Medicare-funded hospitals to providing stabilizing care to patients experiencing medical emergencies, and the Justice Department says that include abortions in cases where the health of the pregnant patient is in jeopardy or when continuing the pregnancy could seriously harm the pregnant patient’s organs or body parts.