Idaho cannot enforce abortion ban in medical emergencies, federal judge rules

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Idaho cannot enforce abortion ban in medical emergencies, federal judge rules
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A federal judge in Idaho barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates federal law on emergency care. The ruling Wednesday came after a federal judge this week in Texas made the opposite call.

The DOJ sued the state of Idaho over the state’s new abortion law, its first challenge since Roe v. Wade was overturned.A federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates federal law on emergency care.

That includes cases when the health of a pregnant patient is in serious jeopardy, when continuing the pregnancy could result in a serious impairment to a person’s bodily functions or a serious dysfunction of any bodily organ or part. Idaho Attorney General’s spokesman Scott Graf said his office would not comment on the ruling because the case is still working its way through the courts.

In Texas, a federal judge took the opposite approach. Texas had sued Department of Health and Human Services and Secretary Xavier Becerra last month, arguing the federal law commonly referred to as EMTALA doesn't require doctors to provide abortions if doing so would violate a state law. The Department of Health and Human Services said it was reviewing the legal decision to determine its next steps.

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Idaho can’t enforce abortion ban in medical emergenciesIdaho can’t enforce abortion ban in medical emergenciesA federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates a federal law on emergency care. The ruling Wednesday evening came after a federal judge this week in Texas made the opposite call, barring the federal government from enforcing a legal interpretation of the Emergency Medical Treatment and Labor Act that would require Texas hospitals to provide abortion services if the health or life of the mother is at risk. In Idaho, the ban makes performing an abortion in any “clinically diagnosable pregnancy” a felony punishable by up to five years in prison.
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